LIBRARY 

UNIVERSITY  OF  CALIFORNIA 
PAVIS 


V^O-i^ 


OMITTED  CHAPTERS  OF   HISTORY 


DISCLOSED  IN  THE  LIFE  AND  PAPERS 


OF 


EDMUND    RANDOLPH 


GOVERNOR  OF  VIRGINIA ;  FIRST  ATTORNEY-GENERAL  UNITED  STATES 
SECRETARY  OF  STATE 


BY 


MONCURE    DANIEL  CONWAY 

AUTHOR   OF   "PINE   AND   PALM,"   "THE   WANDERING  JEW,"   ETC. 


NEW  YORK  &  LONDON 

G.    P.    PUTNAM'S   SONS 

9£{je  Jinxckcrbochcr  Jjpnss 
1888 


LIBRARY 

UNIVERSITY  OF  CALIFORNIA 
DAVIS 


COPYRIGHT 

BY  G.  P.  PUTNAM'S  SONS 
1888 


Press  of 

G.  P.  PUTNAM'S  SONS 
NEW  YORK 


CONTENTS. 

Page 

PREFACE .        ,        .  v 

Chapter 

I. — THE  RANDOLPHS     .        .        .        »        .        .        .  i 

II. — "A  CHILD  OF  THE  REVOLUTION"         .        .        .  14 

III. — IN  WASHINGTON'S  FAMILY     .        ,                 .         ,  23 

IV. — THE  VIRGINIA  CONVENTION  OF  1776    .        p        ,  28 

V. — THE  FIRST  ATTORNEY-GENERAL  OF  VIRGINIA     .  36 

VI. — CONGRESS,  1780-1782 .43 

VII. — THREE  LETTERS  TO  JEFFERSON     .         .         .         .52 
VIII. — CORRESPONDENCE  WITH  WASHINGTON  ...  57 
IX. — RANDOLPH'S  DRAFT  OF  A  CONSTITUTION     .        .-  71 
X. — THE  ENGLISH  AND  AMERICAN  CONSTITUTIONS    .  86 
XI. — THE  LAST  STRUGGLES  OF  SOVEREIGNTY       .        *  94 
XII. — How  VIRGINIA  WAS  CARRIED   FOR   THE  CONSTI 
TUTION          .         .         .         .                 ,         .         .  103 

XIII. — THE  INTERREGNUM ^117 

XIV. — LAUNCHING  THE  CONSTITUTION    ....  123 

XV. — RES  ANGUSTA  MILITI^E 132 

XVI. — THE  FIRST  ATTORNEY-GENERAL   ....  139 

XVII. — THE  FOUNDING  OF  RELIGIOUS  FREEDOM      .        .  156 

XVIII. — STATE  AMENABILITY       ......  167 

XIX. — HENFIELD'S  CASE 182 

XX. — RANDOLPH  AND  JEFFERSON 187 

XXI. — SECRETARY  OF  STATE,  1794  .         .         .        .         .211 

XXII. — A  WINTRY  SUMMER 226 

XXIII. — FAUCHET 237 

XXIV. — MS.  BY  WASHINGTON 251 

XXV. — A  FATAL  VICTORY          ......  256 

XXVI. — THE  INTERCEPTED  LETTER 270 

XXVII.— THE  ORDEAL 282 

iii 


IV  CONTENTS 

Chapter  Page 

XXVIII. — REVELATIONS  FROM  ENGLISH  ARCHIVES        .        .     290 

XXIX. — A  SUSPENDED  SWORD 305 

XXX. — "  PRE"CIEUSES  CONFESSIONS"  .         .         .     t  .         .311 

XXXI.— THE  "OVERTURES"        ....        „        .317 

XXXIL— MR.  WOLCOTT          .        .        .        .        ...     326 

XXXIII.— COL.  PICKERING .     335 

XXXIV. — WASHINGTON  IN  JUDGMENT  .        .        .        .        .     346 

XXXV. — GERMANICUS  IN  EXILE  .         .         .         .        *        .     358 

XXXVI. — THE  FICTITIOUS  DEFAULT     .....     370 

XXXVII. — A  LAST  TRIBUTE  TO  WASHINGTON       ...     378 

XXXVIII.— THE  BRAVE  HEART  BROKEN          .        .      .,;•-.       ,     384 

INDEX .395 


PREFACE. 


IN  a  room  of  the  Virginia  Historical  Society  there  is  a  portrait 
so  blurred  that  the  face  is  repulsive.  It  is  the  alleged  portrait  of 
a  man  described  by  his  contemporary,  William  Wirt,  as  of  "  a 
figure  large  and  portly ;  his  features  uncommonly  fine ;  his  dark 
eyes  and  his  whole  countenance  lighted  up  with  an  expression  of 
the  most  conciliatory  sensibility ;  his  attitudes  dignified  and  com 
manding  ;  his  gesture  graceful  and  easy ;  his  voice  perfect  har 
mony  ;  and  his  whole  manner  that  of  an  accomplished  and 
engaging  gentleman."  The  portrait  at  Richmond,  repudiated 
when  painted,  suffered  all  manner  of  ill  usage ;  and  its  fate 
resembles  that  of  the  man  for  whom  its  dauber  meant  it, — 
Edmund  Randolph.  Painted  by  partisanship  as  he  was  not,  his 
name  has  been  marred  by  every  prejudice,  and  his  fame  left  to 
his  country  in  conventionalized  disfigurement.  The  Centenary 
of  our  Constitution  has  already  brought  a  gallery  of  fresh  histori 
cal  portraits  of  its  leading  framers,  but  one  panel,  like  that  of 
Falieri  at  Venice,  is  vacant ;  there  is  no  portraiture  of  the  states 
man  to  whom  the  initiation  and  ratification  of  the  Constitution 
were  especially  due,  except  a  blackened  effigy  hung  up  by  enemies 
in  a  moment  of  partisan  passion.  This  traditional  effigy  of  Ed 
mund  Randolph  I  have  examined  by  the  light  of  facts  and 
documents  to  which  historians  appear  to  have  had  no  access, 
with  growing  conviction  that  the  nation  knows  little  of  a  very 
interesting  figure  of  its  early  history. 

The  true  portraiture,  personal  and  political,  might  have  been 
given  in  small  compass ;  but  behind  the  vacant  panel  have  been 
found  facts  and  documents  of  wider  scope.  The  more  important 
of  these  have  for  many  years  been  slumbering  in  families  with 


VI  PREFACE. 

• 

which  I  have  a  certain  intimacy.  These  suggested  the  probable 
existence  of  others,  which  I  have  sought  in  many  States  and 
cities,  including  those  of  Europe.  The  result  has  been  an  accu 
mulation  of  unpublished  material,  the  reduction  of  which  to  the 
dimension  of  this  volume  has  been  the  hard  part  of  my  task.  Of 
course  the  elucidation  of  these  papers  has  required  occasional 
citation  of  others  already  published. 

The  historical  student  of  our  near  future  will,  let  us  hope,  be 
able  to  express  gratitude  to  his  government  for  the  Bureau  of 
Manuscripts,  connected  with  its  history,  proposed  by  the  Con 
gressional  Library  Committee  (1888).  My  own  gratitude  re 
members  the  fact  that  our  national  negligence  has  some  offset 
in  the  enterprise  and  liberality  of  our  great  private  collectors. 
To  their  collections  I  have  referred  in  loc.y  but  must  here  ac 
knowledge  the  services  I  have  received  from  Mr.  McGuire  of 
Washington,  Mr.  Dreer  of  Philadelphia,  Mr.  Gratz  of  the  same 
city,  Dr.  Fogg  of  Boston,  Dr.  Emmett  of  New  York,  Mr.  Ford 
of  Brooklyn  ;  also  to  Mr.  Paul  Ford,  and  to  Mr.  Worthington 
Ford  of  the  State  Department.  To  Mr.  J.  R.  Garrison  of  the 
Treasury  Department  I  am  indebted  for  assistance  in  revising 
Randolph's  accounts.  Mr.  Wilson  Miles  Cary,  of  Baltimore,  has 
helped  me  in  the  genealogies.  To  Mr.  Fenton,  of  London,  and 
Mr.  Durand,  of  Paris,  I  owe  acknowledgments.  To  Mrs.  St. 
George  Tucker  Campbell,  a  descendant  of  George  Mason,  and 
Miss  Kate  Mason  Rowland;  to  the  Hon.  John  Jay;  to  many 
descendants  of  Edmund  Randolph, — especially  Peter  Vivian 
Daniel,  Jr.,  of  Richmond,  and  Edmund  Randolph  Robinson,  of 
New  York, — thanks  are  cordially  given  for  the  use  of  their 
family  papers. 

My  work  has  been  a  labor  of  love  and  justice.  It  was  in  a 
field  largely  untilled,  and  no  doubt  has  many  imperfections.  But 
I  have  done  my  best,  and  ask  a  patient  and  unbiassed  attention 
to  facts  whose  importance  will  not  be  denied. 


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EDMUND  RANDOLPH. 


CHAPTER  I. 

THE  RANDOLPHS. 

"  OUR  homes  are  all  haunted !  "  The  words  were  archly 
spoken  by  the  lady  of  a  historic  mansion  in  the  ancient  capital  of 
Virginia.  "  I  am  proud  to  say  we  have  two  ghostly  annual 
visitors  in  this  very  house — one  the  great  man  who  built  it,  the 
other  a  beautiful  girl  in  bridal  dress."  A  great  man  and  a  beauti 
ful  bride, — what  house  in  Williamsburg  has  not  known  these? 
The  old  town  is  by  no  means  a  ruin ;  its  picturesque  homes,  its 
parish  church — fairly  filled  by  refined  people,  who  sit  beneath 
mural  tablets  of  their  ancestors ;  its  neatly  kept  university,  whose 
venerable  president  awaits  the  student  that  never  arrives;  all 
suggest  a  departure  of  master  spirits  from  forms  still  fair,  which 
they  might  well  love  to  revisit.  It  is  a  land  of  legends.  One 
sits  in  rooms  of  quaint  elegance,  beneath  pictures  of  noble  and 
lovely  faces,  at  tables  adorned  with  heirlooms  of  porcelain  and 
silver ;  and,  listening  to  brave  anecdotes  that  fade  into  dreams 
when  passed  from  their  habitat,  establishes  a  certain  intimacy 
with  the  old  figures.  They  become  more  real  than  the  people 
one  meets  on  the  street.  On  the  portico  of  Wythe  House,  who 
cannot  see  sitting  in  the  summer  afternoon  the  sage  chancellor? 
On  the  day,  say,  when  Edmund  Randolph  brings  him  the  offer  of 
a  seat  on  the  Supreme  Bench,  then  goes  home  to  report  to  the 


2  EDMUND  RANDOLPH. 

President  that,  while  happy  at  being  honored  by  Washington,  he 
is  too  happy  in  his  little  legal  monarchy  to  leave  it.  In  Tazewell 
Hall,  home  of  the  Randolphs,  now  occupied  by  a  northern  family 
of  Hamiltons,  what  reunions  of  republican  and  federal  shades  have 
prepared  Imaginary  Conversations  for  some  American  Landor ! 

The  historic  imagination  may  grow  more  realistic  as  it  enters 
the  college  park,  passes  the  bronze  Lord  Botetourt,  and  crosses 
the  threshold  of  the  first  light-house  of  learning  built  in  the 
South.  As  one  enters  the  warm  library  the  portraits  have  a  self- 
conscious  look:  has  President  Blair  been  remonstrating  with 
Professor  Dew  for  having  written  the  first  pro-slavery  book,  or 
Bishop  Johns  deplored  the  rationalism  of  Bishop  Madison  ? 
What  American  can  enter  without  awe  the  Chapel,  where  have 
been  uttered  the  youthful  thoughts  and  aspirations  of  Blair, 
Mercer,  Jefferson,  Monroe,  Marshall,  Wythe,  the  Pages,  Lees, 
Nelsons,  Randolphs  ?  Fires  have  scathed  these  ancient  walls  and 
destroyed  their  tablets,  but  faithful  records  illumine  them  with 
scenes  they  have  witnessed. 

Out  of  the  great  days  that  have  shone  on  it  since  the  English- 
Indian  school  of  1660  was  transformed  into  the  college  of  1693, 
let  us  select  one  whose  memorial  is  a  unique  pamphlet :  "  An 
Oration,  in  Commemoration  of  the  Founders  of  William  and 
Mary  College,  15  August  1771.  By  E.  Randolph,  Student. 
Williamsburg :  Printed  by  William  Reid.  1771."  What  a  glori 
ous  summer  day  was  that  when  from  far  and  near  the  gentry 
came  to  bear  witness  to  the  latest  flower  of  an  old  race,  and 
recognize  in  its  colors  the  flush  of  their  own  blood !  For  what 
gentleman  or  lady  could  be  unrelated  to  the  Randolphs,  and  not 
stir  with  gentle  pride  at  hearing  how  young  Edmund,  at  eighteen, 
had  won  fame  for  scholarship  and  easily  borne  the  palm  for 
eloquence  ? 

Dashing  along  the  park  are  gay  equipages,  heraldic  decora 
tions,  negroes  in  liveries,  eclipsing  the  civic  robes  of  their  masters, 


A    YOUTHFUL   ORATION.  3 

and  ladies  in  court  dresses  beaming  on  roadside  adorers.  Inside 
the  theatre  are  lustres  no  masquerade  can  reproduce.  Governor 
Nelson  and  his  Council,  the  Harrisons,  Pages ;  Wythe,  with  his 
law-student,  Jefferson;  Patrick  Henry,  just  admitted  to  the  bar; 
have  come  in  courtly  dress.  Among  the  students  are  Taylor  of 
Caroline,  Innes,  Nicholas,  and  many  another  destined  to  shine  in 
history.  Randolphs  have  come  from  many  regions  to  rejoice 
with  the  King's  Attorney  that  his  only  son,  with  Mr.  Speaker 
Peyton  Randolph  that  his  darling  nephew,  with  beautiful  Ariana 
and  Susannah  that  their  beloved  brother,  wears  the  mantle 
of  an  ancestry  famous  in  the  annals  of  literature  and  jurispru 
dence.  That  the  young  orator  was  of  manly  beauty,  his  voice 
winning,  his  manners  engaging,  ample  testimonies  exist.  This 
first  effort  received  the  unusual  compliment  of  publication  by  the 
faculty.  A  few  sentences  will  suffice  a  generation  which  can 
hardly  renew  its  youth  so  far  as  to  gain  the  enthusiasm  of  a  com 
munity  in  its  springtide,  gathering  the  first-fruits  of  its  own 
culture. 

"  I  should  be  ungrateful  indeed  did  I  not  with  pleasure  embrace 
this  opportunity  to  commemorate  the  munificence  of  our  royal  bene 
factors.  For,  as  far  as  I  can  trace  back  the  scenes  of  life,  or  recall  the 
fleeting  ideas  of  childhood,  these  walls,  reared  by  the  pious  hands  of 
William,  have  sheltered  me  in  my  infant  studies.  I  am  well  aware  that 
I  shall  sink  in  the  attempt,  but  I  depend  on  your  benignity  to  support 
me.  I  am  conscious  also  that  it  requires  an  Apelles  to  portray  an 
Alexander  ;  but  should  I  be  fortunate  enough  to  drop,  during  this 
essay  of  youth,  any  thing  worthy  your  attention,  I  should  exclaim 
ivprjua  with  more  than  ^Egyptian  joy,  as  having  found  my  reward  in 
the  approbation  of  the  learned."  "Cadmus  instructed  Greece  in  let 
ters,  and  Greece  was  grateful :  Triptolemus  first  opened  to  the  aston 
ished  world  the  treasures  of  the  teeming  field,  and  the  astonished  world 
demonstrated  their  gratitude  by  following  his  example.  But  can  we, 
the  offspring  of  his  care,  mention  the  name  of  William  and  not  be  en 
raptured  with  his  praise  ?  To  him  it  is  perhaps  owing  that  the  savage 
Indian  is  not  now  defiling  this  holy  spot,  exulting  in  barbaric  triumph 
over  his  captive  fellow-creature  pinioned  at  the  stake  of  slaughter,  and 


4  EDMUND  RANDOLPH. 

panting  with  an  impious  thirst  after  the  unhappy  victim's  blood." 
"  Arise,  renounce  the  errors  of  your  age,  and  approve  yourselves 
worthy  of  royal  patronage  !  If  past  hours  have  escaped  unimproved, 
quit  not  the  present  opportunity,  but,  like  the  holy  patriarch,  clasp  the 
parting  angel  to  thy  bosom  until  he  bless  thee.  Let  future  statesmen, 
future  lawyers,  future  divines,  here  spring  up,  but  such  statesmen,  such 
lawyers,  such  divines,  as  shall  strive  to  do  honor  to  their  family,  their 
country,  their  Alma  Mater." 

The  memory  of  this  oration,  of  the  graceful  and  modest 
orator,  of  the  enchained  audience,  long  survived,  and  mothers 
pictured  the  scene  to  stimulate  the  ambition  of  their  sons  :  Fran 
ces  Bland  Randolph,  for  instance,  whose  son,  John  Randolph  of 
Roanoke,  wrote  that  "  the  bent  of  his  disposition  "  came  from 
his  mother's  expression  of  a  wish  that  he  might  be  as  great  a 
speaker  as  Edmund  Randolph. 

The  oration  over,  Williamsburg  occupies  itself  with  sports. 
In  the  evening  the  theatre  will  be  crowded  ;  the  play  may  even 
be  "  Every  Man  in  his  Humor,"  by  Ben  Jonson,  who  used  to  call 
Thomas  Randolph,  the  poet,  his  "  son."  Or  the  grand  hall  and 
drawing-room  of  Tazewell  Hall  will  be  gay  with  dancers.  And 
when  the  summer  vacation  is  fairly  opened,  young  Randolph  and 
his  sisters,  with  select  companions,  may  voyage  on  the  beautiful 
river,  touching  at  home  after  home  of  their  relatives,  and  gather 
ing  at  last  in  grand  pic-nic  beside  the  picturesque  ruin  of  the  first 
home  of  the  Randolphs  in  the  New  World.  There,  in  Turkey 
Island,  they  would  read  on  a  gravestone  :  "  Col.  William  Ran 
dolph,  of  Warwickshire,  but  late  of  Virginia,  Gentleman,  died 
II  April  1711." 

The  ancient  gravestone  remains  to-day.  When  laid,  it  was 
the  lowly  memorial  of  a  brave,  ancestral  history,  and  might  sym 
bolize  the  foundation  of  a  national  history.  The  English  Ran 
dolphs  had  attained  high  rank  in  the  time  of  Edward  I.  Thomas 
Randolph  is  mentioned  in  "  Domesday  Book  "  as  ordered  to  da 
duty  against  the  king  of  France.  Sir  John  Randolph,  Knt.> 


THOMAS  RANDOLPH,  THE  POET.  5 

was  a  Commissioner  to  summon  Knights  (1298);  John  Randolph 
of  Hampshire,  connected  with  the  Exchequer  (1385),  was  an  emi 
nent  judge,  and  other  judges  of  the  name  are  mentioned  in 
Conway  Robinson's  "  History  of  English  Institutions  "  ;  Avery 
Randolph  was  Principal  of  Pembroke  College,  Oxford  (1590); 
Sir  Thomas  Randolph  was  an  ambassador  of  Queen  Elizabeth. 
A  nephew  and  namesake  of  the  latter  was  Thomas  Randolph, 
the  poet  (1604-34),  so  beloved  of  Ben  Jonson  and  his  circle.  Of 
him  Feltham  wrote : 

"  Such  was  his  genius,  like  the  eye's  quick  wink, 
He  could  write  sooner  than  another  think  ; 
His  play  was  fancy's  flame,  a  lightning  wit, 
So  shot  that  it  could  sooner  pierce  than  hit. " 

A  monument  by  Sir  Christopher  Hatton  was  erected  to  the 
poet  (Fellow  of  Trinity  College,  Cambridge),  and,  in  memory  of 
his  youth  and  his  virtues,  a  fit  inscription  might  have  been  found 
in  a  poem  of  his  own  : 

"  Wouldst  thou  live  long?     The  only  means  are  these, 
'Bove  Galen's  diet,  or  Hippocrates' : 
Strive  to  live  well  ;  tread  in  the  upright  ways, 
And  rather  count  thy  actions  than  thy  days  ; 
Then  thou  hast  lived  enough  amongst  us  here  ; 
For  every  day  well  spent  I  count  a  year. 
Live  well,  and  then  how  soon  soe'er  thou  die, 
Thou  art  of  age  to  claim  eternity." 

Colonel  William  Randolph  of  Turkey  Island,  though  founder 
of  the  famous  race  of  Virginia  Randolphs,  was  not  the  first  of  the 
family  in  that  colony.  His  uncle  Henry  came  in  1643,  and  left  a 
widow  who  married  Peter  Field,  an  ancestor  of  Jefferson.  Col. 
William  arrived  in  Virginia  in  1674,  the  year  after  this  uncle's 
death.  In  the  civil  wars  the  fortunes  of  the  family,  who  had  been 
devoted  loyalists,  were  broken.  The  young  cavalier  was  not, 
however,  without  some  means.  He  was  taken  bf  Governor  Sir 
William  Berkeley  to  his  heart,  was  the  particular  friend  of  Lady 
Berkeley,  and  at  once  took  a  high  position  in  the  colony.  He 


O  EDMUND  RANDOLPH. 

fixed  himself  at  Turkey  Island, — which  may  then  have  been  an 
island, — twenty  miles  below  the  point  on  James  River  where 
Richmond  now  stands.  He  endeared  himself  to  the  worthy  Col. 
William  Byrd,  whose  letters  show  Randolph  a  gentleman  of  high 
character.  He  was  a  member  of  the  House  of  Burgesses,  and, 
a  probable  tradition  says,  one  of  the  Governor's  Council.  His 
ship  plied  between  Bristol  and  Turkey  Island,  where,  with  Eng 
lish  brick,  was  built  the  grand  mansion  with  lofty  dome,  whose 
ruin  remains.  He  became  the  possessor  of  vast  plantations  ;  was 
active  in  the  work  of  civilizing  the  Indians  ;  a  founder  of  William 
and  Mary  College.  "William  Randolph,  Gentleman,"  is  a  trustee 
in  its  royal  charter.  The  houses  he  is  said  to  have  "  built  " 
(for  his  sons),  has  led  some  literalist  to  suppose  him  a  carpenter. 
He  was  on  the  first  Board  of  Visitors  of  the  College.  The  traces 
of  this  old  colonist  in  Virginia,  during  the  thirty-seven  years  of 
his  life  there,  are  altogether  pleasant  to  follow.  His  wife  was 
Catherine  Isham,  of  the  neighboring  estate,  Bermuda  Hundred. 
The  patriarchal  pair  had  seven  sons  and  two  daughters.  The 
sons  were  distinguished  from  numerous  relatives  by  the  estates 
or  homesteads  their  father  bequeathed  them :  William  (Jr.)  of 
Turkey  Island,  Thomas  of  Tuckahoe,  Isham  of  Dungeness, 
Richard  of  Curies,  Henry  of  Chatsworth,  Sir  John  of  Tazewell 
Hall  (Williamsburg),  Edward  of  Breno.  With  exception  of  Ed 
ward,  who  settled  in  England,  these  sons  all  entered  with  energy 
on  the  affairs  of  the  colony.  William  (b.  1681)  was  a  Visitor  of 
the  College,  a  burgess,  a  councillor  of  State,  and  treasurer  of  the 
colony  in  1737.  Isham  (b.  1687)  finished  his  education  in  Lon 
don,  where  he  married  in  1717,  and  returning  to  Virginia,  built 
the  grand  mansion  at  Dungeness,  in  what  is  now  Albemarle 
County,  which  he  represented  in  the  House  of  Burgesses  (1740). 
He  was  Adjutant-General  of  Virginia,  but  devoted  himself 
mainly  to  science.  He  and  his  hospitable  household  are  honor 
ably  mentioned  in  the  memoirs  of  Bartram,  the  naturalist.  He 


SIX   JOHN  RANDOLPH.  7 

died  in  1742.  Richard  also  was  a  burgess,  and  for  a  time  treasurer 
of  the  colony.  He  did  not  marry  ;  but  with  this  exception  all  of 
the  children  married  and  had  families.  The  Rev.  Dr.  Slaughter, 
historiographer  of  the  Diocese  of  Virginia,  informs  me  that  there 
are  persons  in  that  State  descended  from  all  the  sons  of  William 
and  Catharine  Randolph.  The  descendants  are  even  less  notable 
for  their  number  than  their  eminence.  Besides  the  twoscore 
Randolphs  known  to  the  catalogue  of  William  and  Mary  College, 
many  of  other  names  were  descended  from  William  of  Turkey 
Island  ;  and  among  these  may  be  named  William  Stith,  historian 
of  Virginia;  President  Jefferson,  Chief-Justice  Marshall,  Harry 
Lee  of  the  Legion,  Bishop  Meade,  General  Robert  E.  Lee,  Ad 
miral  Wormeley,  R.  N. 

The  most  eminent  son  of  Col.  William  was  Sir  John  Ran 
dolph, — perhaps  the  only  native  of  this  country  ever  knighted — 
born  at  Turkey  Island  in  1692.  After  graduation  at  "  William 
and  Mary,"  he  studied  law  at  Gray's  Inn,  London,  and  was  soon 
after  appointed  King's  Attorney  in  Virginia.  He  was  a  Trustee 
of  William  and  Mary  College,  and  represented  it  in  the  House  of 
Burgesses.  In  1732  he  visited  England  on  colonial  business,  and 
was  knighted.  The  first  number  of  the  first  Virginia  newspaper 
(Gazette,  6  Aug.  1763)  reports: 

"  The  House,  having  attended  the  Governor  in  the  Council  Chamber 
and  being  returned,  Mr.  Conway  put  them  in  mind  of  the  Governor's 
commands  to  make  choice  of  a  Speaker,  and  did  nominate  and  recom 
mend  Sir  John  Randolph,  as  having  given  undeniable  proofs  of  his 
abilities,  integrity,  and  fitness  to  execute  that  important  task ;  and 
several  other  members  spoke  to  the  same  purpose.  Then  Mr.  Harri 
son  proposed  Mr.  Robinson  for  Speaker,  and  with  him  Mr.  Carter  and 
Mr.  Berkeley  agreed.  But  Mr.  Robinson,  standing  up  in  his  place, 
declared  that  he  did  not  expect  to  be  made  a  competitor  with  the  gen 
tleman  that  was  named ;  that  he  was  no  ways  qualified,  and  prayed 
that  Sir  John  Randolph  might  be  chosen  without  any  opposition.  And 
he  was  accordingly  chosen  by  all  the  rest  of  the  members,  and  con- 


8  EDMUND  RANDOLPH. 

ducted  to  the  Chair  by  two  members  ;  and  being  there  placed  made  a 
speech  to  the  House." 

In  the  "  Virginia  Historical  Register,"  IV.  and  VI.,  may  be 
found  this  speech  and  others  that  passed  between  the  Speaker 
and  Governor  Gooch ;  and  also  an  account  of  the  magnificent 
reception  accorded  Sir  John  at  Norfolk,  on  occasion  of  his 
appointment  as  Recorder  of  that  town.  Sir  John  is  said,  by 
William  Stith,  son  of  his  sister  Mary,  to  have  intended  to  write 
a  preface  to  the  laws  of  Virginia,  "  and  therein  to  give  an 
historical  account  of  our  constitution  and  government,  but  was 
prevented  from  prosecuting  it  to  effect  by  his  many  and  weighty 
public  employments,  and  by  the  vast  burden  of  private  business 
from  his  clients."  The  materials  he  had  collected  were  used  by 
Stith  in  his  history  of  Virginia.  His  library  is  believed  to  have 
been  the  finest  in  Virginia.  His  mural  tablet  in  William  and 
Mary  College  was  destroyed  by  fire,  but  its  Latin  epitaph  is  pre 
served  in  President  Ewell's  history  of  the  college.  He  died  in 
the  year  after  he  was  made  Speaker.  He  was  the  first  to  be 
buried  in  the  college  chapel,  to  which  he  was  borne  by  six  poor 
men,  among  whom  was  divided  twenty  pounds,  according  to  his 
will.  An  interesting  sketch  of  Sir  John  may  be  found  in  the 
Virginia  Law  Journal  for  April,  1877.  He  was  described  by 
an  anonymous  but  evidently  able  contemporary — perhaps  the 
Rev.  Professor  Dawson,  who  gave  his  funeral  oration  in  Latin — 
as  the  man  of  best  judgment  who  had  ever  been  concerned  in 
the  colonial  administration  ;  and  it  is  added :  "  He  had,  in  an 
eminent  degree,  that  ingenua  totius  corporis  pulchritudo  et  quidam 
senatorius  decor,  which  Pliny  mentions,  and  which  is  somewhere 
not  unhappily  translated,  the  air  of  a  man  of  quality.  For  there 
was  something  very  great  and  noble  in  his  presence  and  deport 
ment." 

Sir  John  married  Susannah  Beverley,  of  Gloucester,  Va.,  by 
whom  he  had  three  sons — Beverley,  Peyton,  and  John. 


PEYTON  RANDOLPH.  9 

Pevton  Randolph — of  whom,  strange  to  say,  no  biography  ex 
ists,  though  he  may  be  entitled  the  first  American  President — 
was  born  at  Williamsburg  in  1721,  there  graduated,  studied  at 
the  Inner  Temple,  London,  and  at  the  age  of  27  was  appointed 
King's  Attorney  for  Virginia.  Sir  William  Gooch  was  then  Gov 
ernor.  Peyton  Randolph  represented  Williamsburg  in  the  House 
of  Burgesses.  In  those  days  the  apostle  of  Presbyterianism, 
Rev.  Samuel  Davies,  revived  dissent  in  Virginia,  and  the  question 
of  toleration  came  before  the  General  Court.  The  young  At 
torney  doubting  that  the  Act  of  Toleration  did  not  extend  to 
Virginia,  Davies  answered  that,  in  such  case,  neither  did  the  Act 
of  Uniformity — this  view  being  sustained  in  England.  In  1751 
Governor  Dinwiddie  and  his  family  arrived  and  were  guests  of 
Peyton  Randolph  and  his  wife — a  sister  of  Governor  Harrison — 
to  whom  they  became  much  attached.  But  ere  long  a  demand 
was  made,  under  royal  prerogative,  for  a  pistole  fee  on  every 
land-patent,  and  a  serious  quarrel  ensued.  In  1754  the  Burgesses 
commissioned  Peyton  Randolph  to  argue  the  case  in  London.  A 
note  (MS.)  by  Edmund  Randolph,  no  doubt  containing  what  he 
had  learned  of  this  mission  from  his  uncle  Peyton,  possesses 
interest. 

"The  House  of  Burgesses  revolted  against  an  extortion  hitherto 
unknown  and  dispatched  Peyton  Randolph,  the  then  Attorney-General, 
to  impress  its  iniquity  and  unconstitutionality  upon  the  mind  of  his 
Majesty.  In  behalf  of  the  Governor  the  debate  was  conducted  by 
Murray,  afterwards  Earl  of  Mansfield,  and  Mr.  Campbell.  In  behalf 
of  the  colony  by  Healey,  since  Lord  Worthington,  and  Forrester.  With 
an  indelicacy  foreign  to  the  temper  and  manner  of  Murray,  and  with  a 
brutal  insolence  congenial  with  those  of  Campbell,  the  exaction  was 
palliated  by  their  genius,  and  finally  supported  by  the  council  of  the 
king.  The  king  was  at  one  time  compared  to  a  private  land-holder, 
who  might  modify  his  terms  with  the  mercenary  dexterity  of  a 
huckster.  But  when  the  trustee  of  Virginia  was  for  her  domains,  how 
could  he  affix  a  real  tax  upon  them  without  the  assent  of  the  legisla 
ture,  was  forgotten  to  be  proved,  if  indeed  it  was  not  designedly  waived, 


10  EDMUND  RANDOLPH. 

by  the  illustrious  Mansfield.  Campbell  remembered  that  the  mere 
name  of  rebellion  might  be  worthy  because  an  operative  resource  of 
argument.  He  did  not  hesitate  to  charge  Virginia,  tractable  as  she 
was,  with  entertaining  views  beyond  the  rescinding  of  a  paltry  fee. 
We  have  no  recorded  details  of  the  result  of  this  controversy,  but  it  is 
certain  that  the  pistole  was  required  until  the  increasing  discontents 
caused  it  to  be  reduced  one-half. 

"  The  Governor  was  wounded  to  the  soul,  and  personal  revenge  was 
his  weapon.  He  superseded  Peyton  Randolph  from  the  office  of 
Attorney-General,  and  appointed  George  Wythe  in  his  room.  But  as 
the  habits  of  a  seducing  and  of  a  not  wholly  unambitious  profession 
never  warped  him  from  friendship  or  patriotism,  he  accepted  the  com 
mission  with  the  customary  professions  of  gratitude,  not  disclosing  his 
secret  and  honorable  determination  that  he  would  resign  it  to  his  pre 
decessor  on  his  return.  It  is  possible,  however,  that  it  had  been  in 
timated  to  the  Governor  from  England  that  he  was  to  be  restored. 
Without  such  an  instruction  even  this  obdurate  ruler  would  not  have 
dared  to  contemn  the  lofty  tones  of  the  people. 

"  The  House  of  Burgesses  were  as  bold  as  the  time  would  permit. 
Their  opposition  would  have  been  folly  had  a  resort  to  force  con 
stituted  a  part  of  it  :  to  know  when  to  complain  with  truth,  and  how 
to  complain  with  dignity,  was  characteristic  of  watchful  patriots,  and 
ample  for  the  only  end  which  could  then  be  projected." 

This  quarrel  was  a  sharp  one.  Dinwiddie  was  in  need  of 
money  to  fight  the  Indians,  and  the  Burgesses  voted  .£20,000 ; 
but  they  attached  to  it  an  appropriation  of  .£2,500  for  Peyton 
Randolph,  on  account  of  his  mission  to  England,  which  the 
Governor  refused  to  approve.  There  was  a  deadlock  and  a  pro 
rogation  ;  in  the  end  a  compromise.  The  Attorney  apologized 
for  having  left  his  office  without  leave.  His  reinstatement  in 
office  was  presently  followed  by  restoration  to  favor,  when  he 
headed  the  lawyers  of  Williamsburg  and  marched  against  the 
Indians  in  time  to  share  the  glory  of  driving  them  back  to  Fort 
Duquesne.  Although  he  wrote  the  protest  of  the  Burgesses 
against  the  Stamp  Act,  he  voted  against  Henry's  violent  resolu 
tions,  not  doubting  that  England  would  do  them  justice,  as  in 
the  case  of  the  pistole  fee.  When  elected  Speaker  in  1766  he  re- 


JOHN  RANDOLPH,    THE  KING'S  ATTORNEY.  II 

signed  the  office  of  Attorney  and  devoted  himself  to  political 
affairs  ;  as  these  assumed  a  more  threatening  aspect  he  showed 
such  prudence,  as  well  as  patriotism,  that  he  was  placed  at  the 
head  of  all  important  committees.  He  was  chairman  of  the 
Colonial  Correspondence  Committee  (May,  1773),  and  of  the 
Virginia  Convention  of  Aug.  1774,  for  which  he  was  threatened 
with  attainder  in  England.  He  was  unanimously  elected  Presi 
dent  of  the  Continental  Congress  when  it  first  assembled,  5  Sept. 
1774.  While  he  dissuaded  the  citizens  gathered  at  Fredericks- 
burg  (27  April,  1775),  after  Dunmore's  removal  of  the  gunpowder 
from  the  public  magazine,  from  marching  on  the  capital,  he 
brought  such  pressure  on  the  Governor  that  the  powder  was  paid 
for.  In  May  1775,  he  fulfilled  his  duties  as  Speaker  of  the 
Burgesses,  then  presided  over  Congress  at  Philadelphia.  There 
he  died  of  apoplexy,  22  Oct.  1775.  In  the  following  year  his 
body  was  conveyed  by  his  nephew  to  Williamsburg,  where  it  was 
laid  in  the  college  chapel  beside  that  of  his  father,  amid  great 
honors,  masonic  and  civic ;  for  he  was  a  Grand  Master  of 
Masons.  He  was  probably  the  most  intimate  friend  Washington 
ever  had,  and  certainly  one  of  the  noblest  figures  in  the  early 
history  of  our  republic. 

John,  seven  years  younger  than  his  brother  Peyton,  after 
graduation  at  William  and  Mary,  and  the  completion  of  his  law 
studies  in  London,  became  head  of  the  Williamsburg  bar.  When 
his  brother  resigned  the  position  of  King's  Attorney  (1766),  John 
was  appointed  to  that  office  under  Governor  Fauquier.  He  mar 
ried  Ariana,  daughter  of  Edmund  Jennings,  some  time  King's 
Attorney  of  Maryland  (though  a  native  of  Westmoreland,  Va.). 
The  family  mansion,  Tazewell  Hall,  with  its  library — second  to 
none  in  the  colony — came  to  this  youngest  son  of  Sir  John,  and 
was  the  centre  of  Williamsburg  fashion  as  well  as  culture.  The 
courtly  Attorney,  his  charming  wife,  his  beautiful  daughters, — one 
of  them,  Ariana,  of  a  beauty  that  became  celebrated  both  in  Vir- 


12  EDMUND  RANDOLPH. 

ginia  and  England, — and  the  handsome  young  orator,  Edmund, 
were  favorites  at  the  palace  in  Lord  Dunmore's  time.  John  Ran 
dolph  was  a  man  of  literary  tastes,  a  skeptic  in  religion,  and  not 
much  inclined  to  politics,  though  always  a  liberal.  His  particu 
lar  friend  was  Thomas  Jefferson  ;  they  were  deists  together  at  an 
early  age  ;  and  they  used  to  play  the  violin  together.  A  curious 
contract  was  formed  between  them  by  which,  if  John  Randolph 
survived  Jefferson,  he  was  to  have  eight  hundred  pounds*  worth  of 
volumes  from  the  latter's  library ;  but,  if  John  died  first,  Jeffer 
son  was  to  have  "  the  violin  which  the  said  John  brought  with 
him  into  Virginia,  together  with  all  his  music  composed  for  the 
violin."  This  friendship  continued  through  life,  and  after  John 
Randolph's  death  his  widow  gave  Jefferson  power  of  attorney 
for  all  legal  purposes  inconsistent  with  the  position  of  her  son 
Edmund  as  heir. 

John  Randolph  is  described  by  William  Wirt  as  a  gentleman 
of  the  most  courtly  elegance  of  person  and  manners,  a  polished 
wit,  and  a  profound  lawyer.  A  characteristic  anecdote  is  told 
of  Henry's  application  to  him  for  admission  to  the  bar : 

"  At  first  he  was  so  much  shocked  by  Mr.  Henry's  ungainly  figure 
and  address  that  he  refused  to  examine  him.  Understanding,  however, 
that  he  had  already  obtained  two  signatures,  he  entered  with  reluctance 
into  the  business.  A  very  short  time  was  sufficient  to  satisfy  him  of  the 
erroneous  conclusion  which  he  had  drawn  from  the  exterior  of  the 
candidate.  With  evident  marks  of  increasing  surprise  ...  he  con 
tinued  the  examination  for  several  hours.  .  .  .  During  the  very  short 
portion  of  the  examination  which  was  devoted  to  Common  Law,  Mr. 
Randolph  dissented,  or  affected  to  dissent,  from  one  of  Mr.  Henry's 
answers.  .  .  .  This  produced  an  argument,  and  Mr.  Randolph  now 
played  off  on  him  the  same  arts  which  he  [Henry]  himself  had  so  often 
practised  on  his  country  customers — drawing  him  out  by  questions,  en 
deavoring  to  puzzle  him  by  subtleties,  assailing  him  with  declamation, 
and  watching  continually  the  defensive  operations  of  his  mind.  After 
a  considerable  discussion,  he  said  :  '  You  defend  your  opinions  well, 
sir  ;  but  now  to  the  law  and  to  the  testimony.'  Hereupon  he  carried 


DESCENDANTS.  13 

him  to  his  office,  and,  opening  the  authorities,  said  to  him  :  *  Behold  the 
force  of  natural  reason  !  You  have  never  seen  these  books,  nor  this 
principle  of  the  law,  yet  you  are  right  and  I  am  wrong.  And  from  the 
lesson  you  have  given  me  (you  must  excuse  me  for  saying  it),  I  will 
never  trust  to  appearances  again.  Mr.  Henry,  if  your  industry  be  only 
half  equal  to  your  genius,  I  augur  that  you  will  do  well,  and  become 
an  ornament  and  an  honor  to  your  profession.'  " 

The  only  son  of  John  was  Edmund,  with  whom  this  history 
is  especially  concerned.  Among  the  eminent  Randolphs  of  the 
same  and  later  generations  may  be  named  :  Gov.  Beverley  Ran 
dolph  ;  Thomas  Mann  Randolph,  Sr.  ;  Gov.  and  Hon.  Thomas 
Mann  Randolph,  Jr.  ;  Lieut.  Robert  Randolph ;  Thomas  Jeffer 
son  Randolph  ;  John  Randolph,  of  Roanoke  ;  Peyton  Randolph 
(Second)  (son  of  Edmund),  jurist ;  Edmund  Randolph  (Second), 
the  eloquent  advocate  of  California ;  George  Wythe  Randolph  ; 
Sarah  Randolph,  author ;  Bishop  Randolph,  of  Virginia. 


CHAPTER   II. 

"  A   CHILD   OF   THE   REVOLUTION." 

UNDER  fairest  auspices  was  born — 10  August  1753 — Edmund 
Jennings  Randolph.  His  early  life  was  a  fairy-tale.  Never  was 
happier  home  than  Tazewell  Hall,  on  its  green  terrace  beyond 
the  town.  At  his  father's  hospitable  table  young  Edmund 
listened  to  the  conversation  of  the  greatest  men  of  his  time, — to 
that  of  his  uncle  Peyton,  of  Wythe,  Washington,  Pendleton, 
Henry  Tucker,  Jefferson,  Harrison,  Nelson,  Lee ;  there  also  he 
met  every  distinguished  traveller  who  visited  the  most  famous 
capital  in  America.  A  few  hundred  steps  would  bring  him  into 
the  House  of  Burgesses,  where  he  might  listen  to  statesmanlike 
speeches,  or  in  the  General  Court  he  might  feel  the  magnetism 
of  eloquence.  There  was  no  need  now  for  Virginia's  youth  to 
repair  to  the  bars  of  London.  Randolph,  after  his  brilliant  career 
in  college,  studied  law  with  his  father,  passed  easily  to  an  early 
success,  and  gained  a  high  reputation  with  the  bench  for  legal 
accuracy  and  exact  thinking.  Among  the  youth  of  Williamsburg 
the  popularity  of  a  good-natured  youth  with  two  pretty  sisters 
was  already  assured. 

Socially  the  little  principality  reached  its  full  flower  in  Lord 
Dunmore's  second  year,  or  about  the  time  when  Edmund  reached 
his  majority.  The  palace  was  thronged  with  charming  inmates 
and  guests, — Lord  and  Lady  Dunmore,  Lord  Fincastle,  the  Hon. 
Alexander  and  John  Murray,  the  Ladies  Catharine,  Augusta,  and 
Susan  Murray.  Between  the  palace  and  Tazewell  Hall  there  was 

14 


KE  VOL  UTION  ON  ITS  KNEES.  I  $ 

cordial  intimacy.  So  fair  was  the  sky  until  that  day  when  out  of 
the  north  came  a  whirlwind.  Early  in  1774  tidings  came  that 
the  ports  of  Boston  were  to  be  closed.  The  day  decreed,  June 
ist  was  ordained  in  Virginia  as  one  of  fasting  and  prayer.  The 
remembered  impression  of  that  day  on  Edmund  Randolph  is 
recorded  in  his  unpublished  history  of  Virginia. 

"  Mr.  Jefferson  and  Charles  Lee  may  be  said  to  have  originated  a 
fast  to  electrify  the  people  from  the  pulpit.  Such  is  the  constitution 
of  things  that  an  act  of  public  devotion  will  receive  no  opposition 
from  those  who  believe  in  its  effects  to  appease  offended  Heaven,  and 
is  registered  in  the  cabinet  of  the  politician  as  an  allowable  trick  of 
political  warfare.  Those  gentlemen  knowing  that  Robert  Carter 
Nicholas,  the  Chairman  of  the  Committee  of  Religion,  was  no  less 
zealous  than  themselves  against  the  attempt  to  starve  thousands  of 
the  American  people  into  a  subservience  to  the  ministry,  easily  per 
suaded  him  to  put  forth  the  strength  of  his  character  on  an  occasion 
which  be  thought  to  be  pious,  and  to  move  for  a  fast  to  be  observed  on 
the  first  day  of  June,  which  few  beside  himself  could  so  well  delineate 
as  a  hopeful  appeal  to  the  Deity,  and  over  which  his  reputation  as  a 
religionist  spread  popularity. 

"  The  style  in  which  the  fast  was  recommended  was  too  bold  to  be 
neglected  by  the  Governor  as  an  effusion  which  would  evaporate  on 
paper. 

"  It  was  a  cement  among  the  colonies,  unconnected  as  they  were 
in  situation,  and  dissimilar  as  they  were  in  manners,  habits,  ideas  of 
religion  and  government,  from  the  States  abounding  in  slaves.  It 
brought  home  to  the  bosom  of  each  colony  the  apprehensions  of  every 
other,  and  if  in  the  hour  of  reflection  the  ministry  could  have  foreseen 
the  approach  of  a  closer  union  among  the  colonies,  these  resolutions 
might  have  been  well  interpreted  into  the  seed  of  a  revolution.  The 
Governor  therefore  resorted  to  his  power  of  dissolving  the  Assembly ; 
a  power  which  hindered  the  circulation  of  offensive  matter  under  the 
legislative  seal,  but  inoculated  the  whole  colony  with  the  poison 
against  which  it  was  directed. 

"  The  Burgesses  immediately  after  the  dissolution,  assembled  with 
Peyton  Randolph  at  their  head,  made  the  cause  of  Boston  their  own  ; 
protested  with  indignation  against  the  taxation  of  America  in  the 
British  Parliament,  and  the  baseness  of  tampering  with  one  section  of 
a  colony  to  sever  it  from  the  general  sentiment,  for  the  sake  of  the 


1 6  EDMUND  RANDOLPH. 

spoils  of  another.  A  congress  of  deputies  from  each  province  had 
been  discussed  in  town  meetings  in  New  York  and  Boston,  and  was 
now  consigned  to  the  Committee  on  Correspondence  for  execution. 
A  convention  was  also  voted  to  be  holden  in  the  latter  part  of  the 
summer.  The  fast  was  obeyed  throughout  Virginia  with  such  rigor 
and  scruples,  as  to  interdict  the  tasting  of  food  between  the  rising  and 
setting  sun.  With  the  remembrance  of  the  king,  horror  was  associated  ; 
in  churches,  as  well  as  in  the  circles  of  social  conversation,  he  seemed 
to  stalk  like  the  Arch-enemy  of  mankind." 

Even  sectarian  feuds  appear  to  have  sunk  into  abeyance  that 
day  ;  at  least  I  find  that  in  Fredericksburg,  second  only  to  Wil- 
liamsburg  in  importance,  the  Presbyterian  Mr.  Wilson  read 
prayers,  and  the  Episcopalian  Mr.  Marye  preached, — from  Psalm 
xii. :  "  The  Lord  shall  cut  off  all  flattering  lips,  and  the  tongue 
that  speaketh  proud  things."  If  flattering  lips  were  found  at 
revolutionary  Fredericksburg,  home  of  the  Washingtons  and 
Mercers,  they  were  much  more  numerous  at  conservative  Wil- 
liamsburg,  whose  ardor  was  largely  imported  with  Burgesses 
from  the  Rappahannock  Valley.  The  capital,  built  in  fashion  of 
a  royal  monogram,  was  controlled  from  the  College,  of  which 
Lord  Dunmore  was  Visitor  and  Governor,  and  wherein  loyalty 
to  the  crown  was  the  fortieth  article  of  faith.  Even  in  April 
1775,  after  Dunmore  had  seized  the  gunpowder,  the  Faculty 
passed  complimentary  resolutions  begging  him  to  remain  their 
Visitor  and  Governor;  and  a  year  later  (12  April  1776)  John 
Page  writes  to  R.  H.  Lee  that  the  College  has  expelled  Captain 
Jones  for  "  activity  in  the  cause."  1 

The  following  letter  from  Edmund  Pendleton,  written  soon 
after  his  arrival  at  Philadelphia  to  attend  Congress  to  a  friend  in 
Massachusetts,  adds  fresh  interest  to  an  often  told  story.2 

PHILADELPHIA,  15  June,  1775. — I  have  yr  Favr  of  the  25th  of  May 
&  received  pleasure  in  hearing  that  you  and  yr  family  were  well,  a 

1  MS.  Lee  Papers,  Univ.  of  Va. 

2  I  am  indebted  for  the  letter  to  Miss  Chew,  of  New  York,  to  whose  ancestor  of 
the  same  name  it  was  written. 


EDMUND  PENDLETON.  I/ 

blessing  which  will  enable  a  man  to  sustain  all  Calamaties  Public  or 
private,  of  which  we  have  all  of  us  enough  at  present  to  call  forth 
every  exertion  of  Fortitude.  The  Crisis  of  our  Fate  in  the  present 
and  unhappy  Contest  seems  approaching  nearer  than  may  be  imagined 
by  us,  and  perhaps  this  Summer  may  determine  whether  we  shall  be 
slaves,  or  a  Rotten,  wicked  Administration  be  sacrificed  to  Our  Free 
dom,  in  such  times  there  will  be  as  great  Variety  of  Sentiments  as 
Constitutions,  among  those  who  have  the  same  end  in  view.  The 
Sanguine  are  for  rash  Measures  wthout  consideration,  the  Flegmatic  to 
avoid  that  extreme  are  afraid  to  move  at  all,  while  a  third  Class  take 
the  middle  way  and  endeavor  by  tempering  the  first  sort  and  bringing 
the  latter  into  action  to  draw  all  together  to  a  Steddy,  tho'  Active 
Point  of  defense  ;  but  till  this  is  done,  it  is  natural  to  suppose  the 
extremes  will  be  blaming  each  other,  &  perhaps  in  terms  not  the  most 
decent,  &  each  at  times  will  include  the  third  class  in  that  which  is 
opposite  to  themselves,  this  I  have  frequently  experienced  ;  &  must 
blame,  since  mutual  Charity  should  lead  Us,  not  to  censure,  but  to 
endeavor  to  convince  the  Judgment  of  each  other  ;  you  are  much  mis 
taken  my  friend,  in  the  sentiments  of  yr  countrymen  about  paying  for 
the  Tea  ;  scarce  a  Man  there  (Scotch  Merchants  excepted)  thinks  it 
ought  to  be  done,  not  on  account  of  the  trifling  sum,  but  that  it  would 
be  giving  up  the  Cause  ;  and  so  early  as  May  1774  did  our  Convention 
Resolve  that  "  if  by  dire  Necessity  Boston  should  be  compelled  to 
pay  for  the  Tea  we  would  never  purchase  or  consume  an  Article  of 
East  India  goods,  till  the  Company  refunded  the  money."  To  con 
sider  the  question  abstractedly,  as  only  this,  That  a  Company  of  Mer 
chants  sent  their  property  &  offered  it  for  sale  at  a  Market  where 
they  had  a  legal  right  to  send  it,  &  it  was  destroyed,  no  one  could 
speak  of  its  being  wrong  and  that  they  had  ought  to  pay  for  it  : 
but  when  you  take  the  case  in  its  true  light,  consider  the  tea  as 
sent  in  consequence  of  a  Combination  between  the  Ministry  &  Com 
pany  to  fix  the  Precedent  in  favr  of  taxing  Us  ;  (the  only  design  of 
their  retaining  that  trivial  duty)  That  if  Landed,  the  Tools  of  Gov 
ernment  would  have  had  sufficient  Influence  over  the  Virtue  of 
individuals,  to  have  affected  the  sale  of  it  and  that  all  their  endeav 
ors  to  send  it  away  were  defeated,  Necessity  of  choosing  the  lesser 
evil  justified  them  in  its  destruction,  as  the  only  means  of  avoid 
ing  the  Poison  :  suppose  it  doubtful  or  even  Wrong,  the  severity  in 
the  designed  Punishment  would  scarcely  incline  Us  now  to  retract  and 
pay  for  the  Tea.  Upon  a  bare  accusation  thousands  confessedly  inno- 


1 8  EDMUND  RANDOLPH. 

cent  are  condemned  for  the  supposed  Fault  of  about  40,  &  this  without 
hearing  &  without  Testimony  ;  Nor  are  these  sufferings  to  have  an 
end  when  the  Tea  is  paid  for  or  they  have  endured  them  for  a  limited 
term,  but  so  long  as  the  Minister  Pleases,  after  *'  he  shall  be  satisfied 
the  Trade  of  Great  Britain  may  be  carried  on  wthout  Interruption  " 
that  is  in  plain  English,  "  until  we  shall  agree  to  receive  and  pay  for 
wthout  murmuring  all  such  goods  as  Parliament  shall  tax  and  send  to 
Us":  after  this  can  we  doubt  of  the  Original  Plan  and  design  in  send 
ing  the  Tea  ?  surely  not,  and  then  reason  must  reject  the  Idea  of 
Paying  for  it.  I  am  truly  sorry  for  the  uneasiness  Col.  Johnston  has 
been  subject  to,  and  hope  the  Committees  of  Albany  &  Schenectady 
have  'ere  this  removed  that  &  Satisfied  the  Indians.  We  have  reason 
to  Watch  the  motions  of  all  Government  Officers  &  especially  in  your 
parts  when  well  we  know  it  is  projected  by  cur  Enemies  to  pour  Mis 
chief  upon  us  from  the  Canadians  &  Indians,  as  far  as  they  can  effect 
it ;  it  was  proper  therefore  to  seize  and  guard  the  door  of  Canada  as 
they  had  done  ;  I  hope  Col.  Johnston  had  none  other  foundation  than 
this  for  his  apprehension  of  an  Attack,  For  tho'  it  might  have  been  in 
contemplation  to  apply  to  him  to  preserve  the  Indians  in  Neutrality,  I 
dare  say  no  hostility  to  him  was  thought  of  unless  it  should  appear  he 
had  instructions  to  enlist  the  Indians  against  Us  and  intended  to  carry 
them  into  Execution,  when  his  own  good  sense  will  suggest  the  pro 
priety  of  resistance  and  Reprisals  ;  However  as  I  hear  he  has  assured 
those  Committees  of  his  having  no  such  instructions  or  Intention,  for 
which  the  nature  of  his  Office  and  his  great  stake  in  the  community 
seem  a  sufficient  security  ;  As  the  Indian  chiefs  have  declared  that 
they  don't  consider  themselves  as  concerned  &  shall  not  intermeddle 
in  the  dispute  &  as  the  Committees  have  assured  Col.  Johnston  they 
know  nor  had  heard  of  any  intention  to  molest  him,  I  hope  this  matter 
is  settled  to  general  satisfaction  ;  Whatever  is  done  in  this  Affair,  I 
consider  Virginia  as  under  particular  Obligations  to  Col.  Johnston  for 
his  Interposition  with  the  Indians  &  keeping  them  from  entering  into 
the  War  against  Us  last  year, .and  probably  the  Indians  themselves  owe 
him  thanks  for  the  same.  I  mentioned  at  setting  out  that  our  Affairs 
were  growing  Critical— 3  Generals  are  arrived  &  9  Regiments  come 
or  corning,  whether  all  to  Boston  or  to  New  York  is  yet  to  Us  here 
matter  of  Speculation — the  disgrace  the  Troops  have  met  with  in  three 
skirmishes,  must  spirit  up  the  Officers  to  some  great  Effort,  which  we 
may  daily  expect :  however  I  am  not  apprehensive  of  very  bad  conse 
quences,  I  think  we  have  sufficient  troops  of  brave  men  fighting  for 


A  GUNPOWDER  PLOT.  19 

their  all  &  flushed  with  Victory,  to  repel  them,  and  at  once  perhaps  to 
put  an  end  to  the  War  ;  for  I  do  not  think  the  people  of  Britain  will 
suffer  their  Ministry  to  lavish  their  blood  &  treasure  in  another  ex 
periment  of  the  sort,  especially  when  they  are  feeling  the  want  of  Our 
trade,  that  great  resource  of  their  Wealth. 

All  our  friends  as  far  as  I  hear  are  well  in  Virga  where  we  have 
had  a  small  taste  of  the  troubles  of  the  times.  Ld  Dunmore  very  im 
prudently  had  15  half  Barrels  of  Powder  removed  in  the  night  from  the 
Magazine  on  board  a'  Man  of  War,  whether  Crown  or  Country  property 
is  uncertain.  This  alarmed  the  Country  &  I  suppose  1,000  men  were 
in  arms  to  go  to  Wmsburg  on  the  Occasion,  but  sent  an  express  there  to 
know  the  true  state  of  things.  The  Corporation  requested  they  would 
not  come  down,  as  they  had  force  enough  in  the  neighborhood  to 
effect  any  thing  necessary  to  be  done,  but  they  believed  him  sincere  in 
his  professions  that  he  only  meant  to  secure  it  from  the  slaves  &  would 
return  it — the  greater  part  was  satisfied  ;  however  150  marched  on  to 
make  Reprisals,  but  the  Receiver  General  met  them  &  having  pd  them 
a  high  value  for  the  Powder  they  returned  &  that  matter  appeared  to 
be  Over.  Our  Assembly  have  since  met  &  seemed  to  be  going  on 
smoothly  in  business,  but  we  now  hear  the  Governor  has  fled  wth  his 
family  on  board  a  Man  of  War  &  refused  to  return,  saying  his  Assassi 
nation  was  resolved  on,  tho*  the  Assembly  sent  him  a  Message  that 
they  would  protect  him  &  be  pledged  for  his  safety.  We  have  no  cer 
tain  account  of  the  beginning  of  this  Affair,  but  it  probably  was  this — 
there  are  many  stands  of  Arms  in  the  Magazine  from  wch  the  locks 
have  been  taken,  &  the  people  uneasy  lest  the  Guns  would  also  be 
taken  away.  Curiosity  led  a  Burgess  &  two  other  men  to  go  &  open 
the  door.  Upon  their  doing  it  three  guns  went  off,  being  so  fixed  as 
to  do  so  on  Opening  the  Door  &  so  well  placed  as  to  wound  every  one 
of  the  three — this  made  a  noise,  the  Governor  was  applied  to  and  he 
threw  it  upon  his  servants,  who  to  his  face,  avowed  it  to  be  done  by 
his  Orders  ;  if  this  was  the  Case  he  might  well  fear  what  he  must  have 
been  conscious  he  deserved,  Assassination — it  seems  he  privately  sent 
to  the  Man  of  War  for  Marines  to  protect  him  (as  he  had  done  before) 
the  Burgesses  told  him  if  they  came,  there  should  not  a  man  of  them 
return  alive,  and  then  he  fled  to  them,  since  which  we  have  not  heard 
from  them.  I  imagine  I  have  by  this  time  tired  you  &  will  only  Add 
what  we  are  at  liberty  to  Publish,  that  Col°  Washington  is  appointed 
General  &  Command1  In  chief  of  all  the  American  Force  &  that  a 
Committee  of  the  whole  Congress  have  voted  to  raise  15,000  men  and 


2O  EDMUND  RANDOLPH. 

to  emit  a  Continental  Currency  to  Am0  of  2  Mill5  of  Dollars  to  pay  & 
provide  for  them.  My  best  respects  to  yr  Lady  &  family.  I  am 
Dr  Sr  Yr  very  Afte  friend 

EDMd  PENDLETON. 

Rarely  has  explosive  by  its  presence  wrought  such  havoc  as 
this  Williamsburg  gunpowder  by  its  absence.  Society  was,  so  to 
say,  blown  to  pieces.  The  saddest  catastrophe  was  brought  to 
the  family  at  Tazewell  Hall.  The  King's  Attorney  was  indefatiga 
ble  in  trying  to  harmonize  the  antagonisms  ;  for  a  time  he  did 
nothing  but  drive  to  and  fro  between  Dunmore  on  his  ship  and 
the  Burgesses  at  Williamsburg.  But  when,  at  length,  it  became 
evident  that  no  reconciliation  could  take  place,  and  that  a  revolu 
tion  was  at  hand,  John  Randolph  regarded  his  oath  of  service  to 
the  crown  as  binding  on  him.  Our  national  sentiment  is  hardly 
yet  mature  enough  to  do  justice  to  the  memory  of  the  many 
honest  liberal  gentlemen  who  were  vulgarly  called  "  Tories  "  in 
the  Revolution.  John  Randolph  was  a  martyr  to  his  oath  and 
his  sense  of  honor.  The  friend  with  whose  religious  and  other 
liberalism  he  most  sympathized  was  Jefferson,  and  their  corres 
pondence  shows  the  King's  Attorney  at  heart  on  the  American 
side.  Lord  Dunmore  had  gone  on  board  the  ship  Fowey,  8  June, 
1775.  The  Attorney  sailed  somewhat  later.  In  a  letter  to  him 
from  Jefferson,  August  25th,  there  is  a  suggestion  that  John 
Randolph's  friends  regarded  his  departure  somewhat  in  the  light 
of  a  mission.  "  Looking  with  fondness,"  says  Jefferson,  "  towards 
a  reconciliation  with  Great  Britain  I  cannot  help  hoping  you  may 
be  able  to  contribute  towards  expediting  the  good  work."  Pey 
ton  Randolph  must  have  had  the  same  feeling  concerning  his 
brother,  to  whom,  in  his  will,  dated  18  August  1774,  unrevoked, 
he  left  the  reversion  of  his  property. 

Edmund,  just  twenty-two,  had  espoused  with  ardor  the  Ameri 
can  cause,  but  at  a  heavy  cost.  He  parted  from  his  parents  and 
sisters  on  the  seashore  and  returned  to  a  deserted  homestead. 


EDMUND'S  FATHER.  21 

Nay,  worse,  he  returned  to  hear  injurious  whispers  concerning 
his  "  aristocratic  "  father's  "Toryism,"  with  suspicious  intimations 
concerning  himself.  On  the  other  hand,  his  uncle  and  aunt, 
always  tenderly  devoted  to  him,  took  him  to  their  hearts  ;  indeed, 
being  childless,  they  adopted  him  ;  the  second  reversion  of  Pey 
ton  Randolph's  estate  was  devised  to  Edmund. 

Jefferson's  correspondence  with  John  Randolph  continued 
after  the  latter  had  settled  himself  in  London.  Under  date 
28  November  1776,  he  informs  him  of  his  brother  Peyton's  death, 
and  adds :  "  I  have  it  in  my  power  to  acquaint  you  that  the 
success  of  our  army  has  corresponded  with  the  justice  of  our 
cause."  These  refugees  in  London  had  nothing  to  live  on  but  a 
pension  of  ;£IOO,  the  smallness  of  which  may  have  been  due  to 
the  ex-attorney's  lack  of  sympathy  with  the  ministerial  policy 
towards  America.  Their  daughter  Ariana  had  been  in  Virginia 
betrothed  to  Captain,  afterwards  Admiral,  Sir  Hyde  Parker ;  but 
this  was  broken  off,  and  her  lover  from  student  days,  James 
Wormeley,  renewed  his  courtship,  and  married  her  at  Lord 
Dunmore's  house  in  Scotland.  John  Randolph  died  in  1784, 
aged  fifty-six.  His  dying  request  was  to  be  buried  in  his  beloved 
Virginia.  In  the  first  ship  that  sailed  thither  after  the  peace 
young  Wormeley  and  his  bride  conveyed  the  dead  body  of  the 
unfortunate  Attorney.  It  was  received  by  his  son  ;  the  exile  was 
buried  beside  his  father  and  brother  in  the  College  chapel.  The 
late  Rear-Admiral  Wormeley,  R.  N.,  was  a  son  of  James  and 
Ariana,  and  I  have  a  note  from  his  daughter,  Katharine,  of 
Newport,  R.  I.,  well  known  by  hfer  literary  and  charitable  works, 
which  may  fitly  end  this  episode. 

"  My  father  had,  as  you  know,  a  fond  looking  back  to  the  past,  a 
tender  love  for  Virginia  and  all  the  family  traditions  and  histories.  He 
told  them  to  us  again  and  again  from  our  childhood  up.  Many  a 
pilgrimage  I  have  made  with  him  to  Brompton,  merely  to  walk  before 
the  house  where  his  grandfather,  John  Randolph,  died,  and  to  the 


22  EDMUND  RANDOLPH. 

Brompton  churchyard,  where  his  grandmother  Randolph  lies  buried. 
That  John  Randolph  parted  with  his  son  on  the  seashore  I  have  heard 
father  tell  again  and  again  :  he  no  doubt  got  it  from  his  father,  whose 
heart  turned  towards  the  past  as  father's  did.  I  remember  also  a 
history  of  how  something  over  a  year  went  by  before  the  old  man  heard 
from  his  son,  or  received  remittances,  on  account  of  the  war,  which 
stopped  all  communication  ;  of  his  yearning  for  Virginia,  and  his  dying 
of  an  almost  broken  heart  ;  his  entreaty  when  dying  that  he  might  be 
buried  in  Virginia, — a  wish  fulfilled  by  my  father's  father  and  his  wife 
Ariana.  Father  said  that  John  Randolph  lost  every  thing  by  the 
Revolution,  and  lived  in  the  utmost  poverty  in  the  obscure  lodgings  at 
Brompton.  At  one  time  Lord  Dunmore  gave  him  and  his  family  a 
home  in  his  Scotch  house  (or  castle),  and  it  was  there,  I  think,  that  my 
grandfather  married  Ariana.  My  father,  who  always  held  the  closest 
intimate  communication  with  his  father,  was  brought  up  to  feel  a 
passionate  admiration  for  his  uncle  Edmund,  and  when  his  father  left 
Virginia,  after  the  death  of  his  wife,  he  left  his  daughters  in  the  house, 
and  under  the  guardianship  of  Edmund  Randolph." 


CHAPTER   III. 

IN  WASHINGTON'S  FAMILY. 

ALTHOUGH  when  John  Randolph  parted  from  his  son  he 
sailed  for  London,  he  may  have  been  popularly  associated  with 
Dunmore's  raids  along  the  coast.  It  was  a  generation  unversed 
in  the  ethics  of  revolution  and  of  loyal  oaths.  Edmund  found 
himself  under  a  shadow,  as  his  father's  only  bequest,  and  though 
his  tastes  inclined  little  to  a  military  career,  he  resolved  to  join 
the  army.  His  hero  was  Washington,  and  the  only  office  he  ever 
sought  in  his  life  was  a  post  at  the  commander's  side.  Early  in 
August  1775,  he  presented  himself  at  Washington's  Head 
quarters,  Cambridge,  bearing  letters  of  introduction  from  the 
leading  Virginians  in  Congress.  One  is  from  Benjamin  Harrison, 
dated  Philadelphia,  21  July  1775  : 

"Edmund  Randolph  is  here,  and  has  the  greatest  desire  to  be 
with  you ;  he  has  beg'd  of  me  to  say  something  in  his  favour, 
and  that  if  you  can  you  will  keep  one  of  the  places  now  in  your 
gift  for  him.  He  is  not  able  to  support  himself  or  he  would  not  ask 
this  of  you  ;  you  know  him  as  well  as  I  do  ;  he  is  one  of  the  cleverest 
young  men  in  America,  and  if  Mr.  Reed  should  leave  you,  his  place  of 
Secretary  cannot  be  better  supplied.  He  will  set  off  for  New  York  in 
a  few  days,  and  I  beg  it  as  a  favour  of  you  to  write  a  line  to  be  left  at 
the  Post  Office  till  called  for.  This  deserving  young  man  was  in  high 
repute  in  Virginia,  and  fears  his  father's  conduct  may  lessen  him  in  the 
opinion  of  his  countrymen.  He  has  taken  this  method,  without  the 
advice  of  his  friends,  to  raise  him  into  favor,  as  he  is  determined  on 
the  thing.  I  am  sure  our  good  old  Speaker  will  be  much  obliged  by 
any  favour  you  show  him.  Applications  of  this  sort,  I  fear,  will  be  too 

23 


24  EDMUND   RANDOLPH. 

frequent — I  shall  avoid  them  as  much  as  possible,  but  I  could  not 
refuse  it  on  this  occasion,  well  knowing  that  a  most  valuable  young 
man,  and  one  that  I  love,  without  some  step  of  this  sort  may,  from  the 
misconduct  of  his  parent,  be  lost  to  his  country,  which  now  stands 
much  in  need  of  men  of  his  abilities." 

Another  letter  is  as  follows: 

PHILADELPHIA,  26  July  1775. 

DEAR  SIR  : — With  the  most  cordial  warmth  we  recommend  our 
countryman,  Mr.  Edmund  Randolph,  to  your  patronage  and  favor. 
This  young  gentleman's  abilities,  natural  and  acquired,  his  extensive 
connections,  and,  above  all,  his  desire  to  serve  his  country  in  this 
arduous  struggle,  are  circumstances  that  cannot  fail  to  gain  him  your 
countenance  and  protection.  You  will  readily  discern,  Sir,  how  import 
ant  a  consideration  it  is  that  our  country  should  be  furnished  with 
the  security  and  strength  derived  from  our  young  gentry  being  pos 
sessed  of  military  knowledge,  so  necessary  in  these  times  of  turbulence 
and  danger.  Encouraged  by  your  friendship  and  instructed  by  your 
example,  we  hope  Mr.  Randolph  will  become  useful  to  his  country  and 
profitable  to  himself. 

We  most  heartily  wish  you  health  and  success,  with  a  happy  return 
to  your  family  and  country,  being  with  great  sincerity,  dear  Sir,  your 

affectionate  friends  and  obedient  servants, 

RICHARD  HENRY  LEE. 
P.  HENRY,  JR. 
TH.    JEFFERSON. 

Randolph  also  handed  to  Washington  at  Cambridge  a  letter 
from  Richard  Henry  Lee.  In  answering  this  (29  August  1775)  the 
General  says:  "The  merits  of  this  young  gentleman,  added  to 
your  recommendation,  and  my  own  knowledge  of  his  character, 
induced  me  to  take  him  into  my  family  as  Aide-de-Camp  in  the 
room  of  Mr.  Mifflin,  whom  I  have  appointed  Quartermaster 
General." 

Randolph  was  appointed  on  the  fifteenth  of  August.  He 
wrote  few  letters  at  this  time.  The  following  is  dated  31 
August  1775: 

"  Through  a  channel  not  worthy  of  much  confidence  we  have  re 
ceived  an  account  of  the  imprisonment  of  several  Canadians  for  being 


DUN  MORE.  25 

restless  under  their  present  exceptionable  constitution.  They  are  said 
in  general  terms  to  have  wished  a  return  of  their  former  government ; 
but  no  movement  towards  a  reform  is  specified  as  having  been  made. 
Added  to  the  vagueness  of  this  information,  very  late  opportunities 
have  offered  directly  to  this  place,  by  which  this  auspicious  news,  if 
true,  could  doubtless  have  been  transmitted  to  us  \torn^\  .  .  .  after  the 
earnest  endeavors  of  the  Volunteers  to  replace  him  in  Williamsburg, 
why  is  he  so  far  neglected  as  to  plunder  Custom  Houses  with  impunity 
and  review  his  myrmidons  on  terra  firma  without  danger  of  an  arrest  ? 
Indebted  as  I  am,  and  shall  ever  acknowledge  myself  to  be,  to  his 
lordship,  I  should  offend  against  a  higher  obligation  were  I  to  wish  his 
ravages  uninterrupted  or  his  hostilities  unanswered.  Not  one  advice 
have  I  heard  or  read  from  thence  but  what  chance  and  a  single  news 
paper  have  afforded  me.  Let  me  therefore  entreat  you  to  acquaint  me 
with  the  circumstances  of  Virginia  whenever  your  leisure  can  not  be 
better  employed  than  in  writing  to  yours  sincerely."  l 

In  the  same  way  he  writes,  on  the  same  day,  to  Jefferson : 

"  No  new  occurrence  at  Cambridge  can  justify  an  Intrusion  on  the 
well-employ'd  moments  of  a  Delegate.  I  must,  however,  urge  you,  to 
assign  a  Reason  for  the  Supineness  of  Virginia,  amidst  the  Robberies, 
and  other  Violations  of  private  Property,  said  to  have  been  committed 
by  Lord  Dunmore.  He  plunders  Custom-Houses,  and  reviews  his 
Body-Guard  at  Gosport,  unarrested.  What  is  the  conclusion  from 
hence  ?  That  Virginia  has  become  eminent  in  her  Forgiveness  of 
former  Injuries,  and  fearful  of  revenging  new  ?  But  such  an  Infer 
ence  is  surely  uncharitable,  unless,  what  I  cannot  believe,  she  has  ceased 
to  be  virtuous.  His  Lordship's  demands  upon  me  on  the  score  of  Gra 
titude  I  can  never  satisfy,  but  by  acknowledging  the  Justness  of  them  : 
yet  a  Demand  from  a  higher  Feeling  must  be  first  answered.  Therefore 
I  impeach  him. 

"  Since  our  Possession  of  plowed  Hill,  distant  about  J  mile  from 
the  Enemy,  Balls  and  Shells  are  no  varieties.  It  is  an  approach  tow 
ards  them  certainly  ;  but,  as  I  am  not  oracular  in  military  matters,  my 
conjectures  that  it  is  not  tenable  in  our  present  craving  Circumstances, 
will  not  dishearten  you.  For  your  own  Sakes,  be  expeditious  in  ena 
bling  us  to  burn  the  Traitors  out  of  their  Hole. 

"  Desertions  have  been  lately  undertaken  with  the  utmost  Audacity. 
An  enterprising  Genius,  who  was  one  of  30  Regulars  on  Board  a  float- 

JLee  Papers,  Univ.  ofVa.  (unaddressed). 


26  EDMUND  RANDOLPH. 

• 

ing  Battery,  in  the  absence  of  the  Commanding  Officer,  opened  his  Inten 
tions  of  quitting  them  to  the  whole  Crew,  without  Reserve  or  sounding 
them  individually.  The  Rhetoric  which  an  appetite  for  fresh  Meat 
ever  suggests,  prevailed  with  three  others  to  join  him  in  his  Escape — 
with  the  remaining  26  to  connive  at  it. 

"  My  Brother  Aide  de  Camp  [Baylor]  has  just  now  set  off  for  Provi 
dence  to  purchase  8  Tons  of  powder  lately  arrived." 

Col.  John  Trumbull — who  says  inaccurately  that  Randolph 
succeeded  him  as  Aide-de-Camp — mentions  in  his  "  Autobiog 
raphy,"  among  the  requirements  of  that  position  to  which  he 
did  not  feel  equal :  "  It  was  further  my  duty  to  receive  company 
and  do  the  honors  of  the  house  to  many  of  the  first  people  of  the 
country  of  both  sexes."  None  could  be  more  suited  for  this  ele 
gance  than  the  handsome  Virginian.  Here  he  entertained  Benja 
min  Franklin.  No  doubt,  however,  amid  the  siege  he  dreamed  of 
such  songs  as  those  which,  from  the  great  heart  of  Longfellow, 
went  forth  from  that  same  mansion  to  exalt  the  nobler  virtues  of 
peace.  Randolph's  hereditary  loyalty  turned  with  enthusiasm 
to  George  Washington,  and  he  became  devotedly  attached  to  the 
great  man.  It  could  not  fail  to  be  a  consolation  to  the  com 
mander  to  have  near  him  this  brilliant  youth,  friend  of  his  friends, 
nephew  of  one  of  the  few  who  enjoyed  his  intimacy — Peyton 
Randolph. 

But  Randolph  soon  received  tidings  of  the  death  of  his  uncle 
Peyton.  This  occurred  22  October,  1775.  Peyton  Randolph  was 
laid  in  a  vault  in  Philadelphia,  with  congressional  honors.  His 
death  threw  the  Virginia  Congressmen  and  Williamsburg  into  dis 
may.  Representations  were  made  to  Washington  that  Randolph 
should  be  at  the  Virginia  capital  to  attend  to  the  many  affairs,  pub 
lic  and  private,  which  had  fallen  from  his  uncle's  hands.  Military 
and  political  affairs  were  in  a  critical  condition  in  that  region. 
Washington  gave  Randolph  a  furlough,  and  he  bore  dispatches  to 
Congress,  on  his  way  to  Virginia.  His  connection  with  Washing 
ton's  military  family  was  nominally  retained.  From  Cambridge 


MUSTERMASTER.  2f 

Washington  wrote,  2  November  1775,  to  the  President  of  Con 
gress  :  "  I  could  not  suffer  Mr.  Randolph  to  quit  this  camp  with 
out  bearing  some  testimony  of  my  duty  to  Congress ;  although  his 
sudden  departure  (occasioned  by  the  death  of  his  worthy  relative, 
whose  loss,  as  a  good  citizen  and  worthy  member  of  society,  is 
much  to  be  regretted)  does  not  allow  me  to  be  particular." 

Early  in  the  following  year  Congress  appointed  Randolph 
"  Mustermaster "  for  Williamsburg  District.  Williamsburg  ap 
pointed  him  (January,  1776)  one  of  three  judges  to  determine 
questions  relating  to  the  property  of  "  Tories,"  and  other  questions 
growing  out  of  the  Revolution.  The  appointment  as  "  Muster- 
master"  reached  him  in  April ;  but,  meanwhile,  the  Virginia  Con 
vention  had  been  summoned,  and  Randolph  had  been  elected  to 
it  by  the  old  capital,  which  already  saw  the  mantle  of  Peyton 
Randolph  on  the  shoulders  of  his  nephew.  Randolph  declined 
the  lucrative  military  appointment  for  unpaid  duties  for  which  he 

felt  more  competent.     Under  date  of  13  April   1776,  he  writes 

si  j       r          //    » 

to  the  Committee  of  Safety : 

"  It  distresses  me  much  that  I  should  be  obliged  to  refuse  the  dis 
tinction  intended  for  me  by  the  Congress,  in  their  appointment  of  me 
to  the  office  of  Mustermaster  for  this  District.  The  citizens  of  Wil 
liamsburg  having  elected  me  to  represent  them  in  convention — and  an 
ordinance  excludes  all  persons  holding  any  military  post  of  profit  from 
a  seat  therein, — I  cannot  desert  them  without  the  highest  violation  of 
gratitude.  I  must,  therefore,  entreat  you,  sir,  to  transmit  these  my 
reasons  for  not  entering  upon  the  duties  of  the  above  office,  and  my 
sincere  acknowledgments  for  the  favor," 

.'.]  yrf}  \c\  nsvijsj  od  bi.tfoHz  pftioscja  oio/r; 
riq I o !>/!£#) — ".asm  gniioY  bsonohoqxoni  nj>  10} 


i 
rxi>  tiK 


CHAPTER   IV. 

THE  VIRGINIA  CONVENTION  OF    17/6. 

EDMUND  RANDOLPH  was  the  youngest  member  of  the  famous 
Virginia  Convention,  which  first  met  6  May  1776.  Though  but 
in  his  twenty-third  year,  his  influence  was  recognized  by  Jefferson, 
then  in  Congress,  who  through  him  conveyed  his  ideas  to  the 
leaders  of  the  Convention.  Jefferson  urged  Randolph  to  oppose 
the  formation  of  a  permanent  constitution  for  Virginia  until  the 
people  should  elect  deputies  for  that  especial  purpose.  "  He 
denied  the  power  of  the  body  elected  (as  he  conceived  them)  to 
be  the  agents  for  the  management  of  the  war,  to  exceed  some 
temporary  regimen."  The  young  member  communicated  these 
ideas  to  Edmund  Pendleton,  Patrick  Henry,  and  George  Mason. 

"  These  gentlemen  saw  no  distinction  between  the  conceded  power 
to  declare  independence,  and  its  necessary  consequence,  the  fencing  of 
society  by  the  institution  of  government.  Nor  were  they  sure  that  to 
be  backward  in  this  act  of  sovereignty  might  not  imply  distrust  whether 
the  rule  had  been  wrested  from  the  king.  The  attempt  to  postpone  the 
formation  of  a  constitution  until  a  commission  of  greater  latitude,  and 
one  more  specific,  should  be  given  by  the  people,  was  a  task  too  hardy 
for  an  inexperienced  young  man." — (Randolph  MS.) 

The  inexperienced  young  man,  as  Randolph  calls  himself, 
probably  shared  Jefferson's  misgivings  that  a  revolutionary  body 
might  commit  the  State  to  an  executive  little  distinguishable 
from  a  dictatorship.  On  June  21  he  wrote  to  his  "brother  Aide- 
de-Camp,"  George  Baylor,  some  hasty  account  of  the  situation  : 

28 


THE  COMMITTEE   ON  RIGHTS.  29 

"  We  are  in  confusion  beyond  parallel :  no  government  is  in  exist 
ence  but  such  as  is  vested  in  the  hands  of  the  Convention.  This  august 
body  yesterday  elected  delegates  for  Congress,  and  rejected  Colonels 
Harrison  and  Braxton.  It  was  first  determined  we  should  have  only 
five.  The  fortunate  candidates  were  Wythe,  Nelson,  Jefferson,  R.  H. 
Lee,  and  T.  L.  Lee.  We  are  engaged  in  forming  a  plan  of  government. 
God  knows  when  it  will  be  finished.  It  is  generally  thought  that  the 
contest  will  be  between  President  Nelson  and  Mr.  Henry,  who  shall  be 
governor.  Hunter's  gun  manufactory  has  turned  out  twenty  or  thirty 
excessively  fine  guns,  upon  which  the  Convention  made  a  contract  with 
him  for  all  the  guns  he  can  make  in  the  course  of  a  twelvemonth,  at 
the  price  of  ^6  each.  I  know  not  what  to  add,  except  that  Lord  Dun> 
more's  estate  is  ordered  by  Convention  to  be  sold."1 

The  Virginia  Convention,  on  May  15,  instructed  their  dele, 
gates  in  Congress  to  propose  the  declaration  that "  The  United 
States  are  free  and  independent  States."  This  resolution,  cele^ 
brated  on  the  following  day  with  civic  and  military  rejoicings* 
has  been  declared  by  Randolph  to  have  been  "drawn  by  Mr. 
Pendleton,  proposed  by  General  Nelson,  and  enforced  by  Mr. 
Henry."  2  It  was  followed  immediately  by  a  resolution  appoint* 
ing  a  committee  "  to  prepare  a  declaration  of  rights,  and  such  a  plan 
of  government  as  will  be  most  likely  to  maintain  peace  and  order 
in  this  colony,  and  secure  substantial  and  equal  liberty  to  the 
people."  On  this  committee  were  Henry,  Nicholas,  Cary,  Bland* 
Henry  Lee,  Mann  Page,  Digges,  Carrington,  Madison,  Mason, 
and,  young  as  he  was,  Randolph.  No  one  was  a  more  observant 
actor  in  affairs  of  the  time  than  the  latter,  and  his  reminiscences,, 
written  in  later  life,  may  introduce  other  unpublished  documents 
illustrative  of  this  important  period. 

"  To  Patrick  Henry  the  first  place  is  due,  as  being  the  first  who 
broke  the  influence  of  that  aristocracy.  Little  and  feeble  as  it  was, 
and  incapable  of  daring  to  assert  any  privilege  clashing  with  the  right 
of  the  people  at  large,  it  was  no  small  exertion  in  time  to  surprise  them 
with  the  fact  that  a  new  path  was  opened  to  the  temple  of  honor 

1  From  a  letter  in  possession  of  Edmund  Randolph  Robinson. 

2  Oration  on  the  death  of  Edmund  Pendleton,  1803. 


30  EDMUND  RANDOLPH. 

besides  that  which  led  through  the  favor  of  the  king.  He  was  respecta 
ble  in  his  parentage  ;  but  the  patrimony  of  his  ancestors  and  of  him 
self  was  too  scanty  to  feast  ostentation  or  luxury.  From  education  he 
derived  those  manners  which  belonged  to  the  real  Virginian  planter, 
and  which  were  his  ornament,  in  no  less  disdaining  an  abridgment  of 
personal  independence  than  in  observing  every  decorum  interwoven 
with  the  comfort  of  society.  With  his  years  the  unbought  means  of 
popularity  increased.  Identified  with  the  people,  they  clothed  him 
with  the  confidence  of  a  favorite  son  Until  his  resolutions  on  the 
Stamp  Act  he  had  been  unknown,  except  to  those  with  whom  he  had 
associated  in  the  hardy  sports  of  the  field  and  the  avowed  neglect  of 
literature.  Still  he  did  not  escape  notice,  as  occasionally  retiring 
within  himself  in  silent  reflection,  and  sometimes  descanting  with  pecu 
liar  emphasis  on  the  martyrs  in  the  cause  of  liberty.  This  enthusiasm 
was  nourished  by  his  partiality  for  the  dissenters  from  the  established 
church.  He  often  listened  to  them  while  they  were  waging  their  steady 
and  finally  effectual  war  against  the  burthens  of  that  church,  and  from 
a  repetition  of  his  sympathy  with  the  history  of  their  sufferings 
he  unlocked  the  human  heart,  and  transferred  into  civil  discussions 
many  of  the  bold  licenses  which  prevailed  in  [the]  religious.  If  he  was 
not  a  constant  hearer  and  admirer  of  that  stupendous  master  of  the 
human  passions,  George  Whitfield,  he  was  a  follower,  a  devotee  of  some 
of  his  most  powerful  disciples  at  least. 

"  The  declaration  in  the  first  article  of  the  bill  of  rights,  that  all  men 
are  by  nature  equally  free  and  independent,  was  opposed  by  Robert 
Carter  Nicholas,  as  being  the  forerunner,  or  pretext,  of  civil  convulsion. 
It  was  answered,  perhaps,  with  too  great  an  indifference  to  futurity, 
and  not  without  inconsistency,  that  with  arms  in  our  hands,  asserting 
the  general  rights  of  man,  we  ought  not  to  be  too  nice  and  too  much 
restricted  in  the  delineation  of  them,  but  that  slaves,  not  being  constitu 
ent  members  of  our  society,  could  never  pretend  to  any  benefit  from 
such  a  maxim. 

"  The  fifteenth,  recommending  an  adherence  and  frequent  recur 
rence  to  fundamental  principles,  and  the  sixteenth,  unfettering  the 
exercise  of  religion,  were  proposed  by  Mr.  Henry.  The  latter,  coming 
from  a  gentleman  who  was  supposed  to  be  a  dissenter,  caused  an  ap 
peal  to  him,  whether  it  was  designed  as  a  prelude  to  an  attack  on  the 
established  church,  and  he  disclaimed  such  an  object. 

"  After  creating  the  office  of  governor,  the  Convention  gave  way 
to  their  horror  of  &  powerful  chizt  magistrate  without  waiting  to  reflect 


PATRICK  HENRY.  31 

how  much  stronger  a  governor  might  be  made,  for  the  benefit  of  the 
people,  and  yet  be  held  with  a  republican  bridle.  These  were  not 
times  of  terror,  but  every  hint  of  a  power  which  might  be  stigmatized 
as  being  of  royal  origin  obscured  for  a  time  a  part  of  that  patriotic 
splendor  with  which  the  mover  had  before  shone.  No  member  but 
Henry  could  with  impunity  to  his  popularity  have  contended  as  stren 
uously  as  he  did  for  an  executive  veto  on  the  acts  of  the  two  houses  of 
legislation. 

"  Those  who  knew  him  to  be  indolent  in  literary  investigations 
were  astonished  at  the  manner  in  which  he  exhausted  this  topic,  un 
aided,  as  he  was  believed  to  be,  by  any  of  the  treatises  on  government, 
except  Montesquieu.  Amongst  other  arguments,  he  averred  that  a 
governor  would  be  a  mere  phantom,  unable  to  defend  his  office  from 
the  usurpation  of  the  legislature,  unless  he  could  interpose  on  a 
vehement  impulse  or  ferment  in  that  body  ;  and  that  he  would  other 
wise  be  ultimately  an  independent  instead  of  a  co-ordinate  branch  of 
power.  His  eloquence,  however,  had  an  effect  only  personal  to  him 
self  ;  it  only  stopped  the  wheel  of  popular  favor,  while  as  to  him,  in  this 
respect,  it  was  inclining  to  roll  backwards. 

"  It  may  surprise  posterity  that  in  the  midst  of  the  most  pointed 
declamations  in  the  Convention  against  the  inequality  of  representation 
in  the  British  House  of  Commons,  it  was  submitted  to  in  Virginia  with 
out  a  murmur,  and  even  without  a  proposition  to  the  contrary.  The 
fact  was  that  the  counties  to  the  eastward  of  the  Blue  Ridge,  in  which 
that  inequality  was  the  most  glaring,  were  too  numerous  to  be  irritated, 
and  it  was  tacitly  understood  that  every  body  and  individual  came  into 
the  revolution  with  their  rights,  and  was  to  continue  to  enjoy  them  as 
they  existed  under  the  former  government,  except  in  the  example  of 
the  antiquated  and  reduced  borough  of  James  Town  and  the  College 
of  William  and  Mary,  which  were  now  to  be  stripped  of  the  honors  of 
representation. 

"  General  Charles  Lee  took  an  early  opportunity,  after  the  introduc 
tion  of  the  new  government,  of  expressing  to  Governor  Henry  his  anx 
iety  to  see  the  title  of  Excellency,  which  had  been  appropriated  to 
former  governors,  who  were  not  deputies,  buried  in  the  revolution. 
Some  titles  designating  officers  force  themselves  into  popular  language, 
while  others,  which  are  pompous  distinctions  having  no  intelligible  anal 
ogy  to  the  duties  of  the  office,  have  been  created  by  flattery.  It  is  nat 
ural  that  a  Governor  or  Judge  should  have  his  name  coupled  with  his 
office  ;  but  Excellency  and  Honorable  spring  from  vague  allowances  of 


32  EDMUND   RANDOLPH. 

merit,  as  necessarily  attached  to  certain  posts.  It  was  expected  at  the 
commencement  of  our  revolutionary  government  that  these  gaudy  trap 
pings  would  be  abandoned.  They  were  retained  indeed  by  usage,  not  by 
any  authoritative  recognition,  nor  yet  from  any  admiration  of  the  empty 
baubles  in  the  country  of  our  origin,  or  an  anti-republican  tendency  in 
the  people  ;  but  they  may  be  ascribed  to  a  degree  of  pride  which  would 
not  suffer  the  new  government  to  carry  with  it  fewer  testimonies  of 
public  devotion  than  the  old.  This  is  verified  by  the  total  contempt  of 
trifles  by  the  officers  themselves. 

"  Every  thing  which  had  been  done  in  the  Convention  of  May  was 
hailed  as  masterpieces  of  political  wisdom,  and  acted  upon  with  a  cheer 
fulness  and  submission  which  naturally  resulted  from  the  first  demon 
stration  of  popular  self-government.  The  young  boasted  that  they 
were  treading  upon  the  republican  ground  of  Greece  and  Rome,  and 
contracted  a  sovereign  contempt  for  British  institutions.  With  them  to 
recede  from  those  institutions  with  abomination  was  the  perfection  of 
political  philosophy.  Not  a  murmur  was  heard  against  the  compe 
tency  of  the  Convention  to  frame  the  constitution  according  to  its  full 
extent.  Nay,  so  captivating  were  its  charms,  that  it  was  many  years 
before  some  of  its  defects,  even  upon  the  theory  of  democracy  itself, 
were  allowed  or  detected." 

From  Randolph's  critical  retrospect  we  may  be  conveyed  back 
to  the  fresh  spirit  of  the  revolution  in  Virginia  by  contemporary 
letters  to  Richard  Henry  Lee  (in  Philadelphia)  from  members  of 
the  Convention. 

From  John  Augustine  Washington,  Williamsburg,  18  May 
1776: 

"  I  have  the  pleasure  to  enclose  to  you  a  Resolve  of  our  Convention 
upon  the  subject  of  taking  up  government,  and  an  instruction  to  our 
delegates  in  Congress  to  declare  the  United  Colonies  free  and  indepen 
dent  States.  It  is  not  so  full  as  some  would  have  wished,  but  I  hope 
may  answer  the  purpose.  What  gave  me  pleasure  was  that  the 
Resolve  was  made  by  a  very  full  house,  and  without  a  dissenting 
voice." 

After  saying  that  the  Resolution  would  have  been  better 
worded  had  not  the  Treasurer  talked  two  days  to  no  purpose,  the 
letter  continues : 


LU DWELL  LEE,  33 

"  I  hope  the  great  business  of  forming  a  well-regulated  government 
will  go  on  well,  as  I  think  there  will  be  no  great  difference  of  opinion 
among  our  best  speakers — Henry,  Mason,  Mercer,  Dandridge,  Smith  ; 
and  I  am  apt  to  think  the  President 1  will  concur  with  them  in  senti 
ments.  The  Resolve  with  regard  to  government,  etc.,  was  entirely  his." 

From  Thomas  Ludwell  Lee.     (Same  date.) 

"  Enclosed  you  have  some  printed  resolves,  which  passed  our  Con 
vention  to  the  infinite  joy  of  the  people  here.  The  preamble  is  not  to 
be  admired  in  point  of  conception,  nor  has  the  resolve  for  independence 
that  peremptory  and  decided  air  which  I  could  wish.  Perhaps  the  pro 
viso  which  reserves  to  this  colony  the  power  of  forming  its  own  govern 
ment  may  be  questionable  as  to  its  fitness.  Would  not  a  uniform  plan 
of  government  prepared  for  America  by  the  Congress,  and  approved 
by  the  Colonies,  be  a  surer  foundation  of  increasing  harmony  to  the 
whole  ?  However,  such  as  they  are  the  exultation  here  is  extreme. 
The  troops  were  drawn  out  and  we  had  a  discharge  of  artillery  and 
small  arms.  You  have  also  a  set  of  resolves  offered  by  Col.  M.  Smith ; 
but  the  first,  which  was  proposed  the  second  day  by  the  president — for 
the  debate  lasted  two  days — were  preferred.  These  he  had  formed 
from  the  resolves  and  preambles  of  the  first  day,  badly  put  together. 
Col.  Mason  came  to  town  yesterday  after  the  arrival  of  the  post.  I 
showed  him  your  letter,  and  he  thinks  with  me  that  your  presence  here 
is  of  the  last  consequence.  He  designs,  I  believe,  to  tell  you  so  by  let 
ter.  All  of  your  friends  agree  in  this  opinion.  Col.  Nelson  is  on  his 
way  to  Congress,  which  removes  the  objection  respecting  a  quorum  of 
delegates.  To  form  a  plan  of  just  and  equal  government  would  not 
perhaps  be  so  very  difficult,  but  to  preserve  it  from  being  marred  with 
a  thousand  impertinences,  from  being  in  the  end  a  jumble  of  discord 
ant,  unintelligible  parts,  will  demand  the  protecting  hand  of  a  master. 
.  .  .  The  delegates  met  at  the  capital  and  went  to  hear  a  sermon 
preached  by  the  appointment  of  Convention.  Corbin  and  Wormeley 
are  banished, — the  first  to  an  estate  his  father  has  in  Caroline,  the 
other  to  his  plantation  in  Berkeley.  Adieu,  my  dear  brother  ;  give 
my  love  to  Loudounn,  and  let  us  have  the  satisfaction  to  see  you  assist 
ing  the  great  work  of  this  Convention." 

From  the  same,  Williamsburg,  I  June  1776: 

"  I  enclosed  you  by  last  post  a  copy  of  our  declaration  of  rights 
nearly  as  it  came  through  the  Convention  [committee  ?].  It  has  since 

1  Edmund  Pendleton. 


34  LDMUND  RANDOLPH. 

been  reported  to  the  Convention,  and  we  have  ever  since  been  stum 
bling  at  the  threshhold.  In  short,  we  find  such  difficulty  in  laying  the 
foundation-stone  that  I  very  much  fear  for  that  Temple  of  Liberty 
which  was  proposed  to  be  erected  thereon.  But,  laying  aside  figure,  I 
will  tell  you  plainly  that  a  certain  set  of  Aristocrates,  for  we  have 
such  monsters  here,  finding  that  their  execrable  system  cannot  be  reared 
on  such  foundations,  have  to  this  time  kept  us  at  bay  on  the  first  line, 
which  declares  all  men  to  be  born  equally  free  and  independent.  A 
number  of  absurd  or  unmeaning  alterations  have  been  proposed.  The 
words  as  they  stand  are  approved  by  a  very  great  majority,  and 
yet,  by  a  thousand  masterly  fetches  and  stratagems,  the  business  has 
been  so  delayed  that  the  first  clause  stands  yet  unassented  to  by  the 
Convention." 

From  the  same,  Williamsburg,  6  December  1776: 
"  I  almost  inclined  to  begin  a  long  story,  but,  as  it  is  a  foolish  one,  I 
hesitate.  Yet,  seeing  also  it  is  a  very  wicked  one,  I  proceed,  as  it  may 
be  profitable  to  know  those  thoroughly  who  can  be  the  contrivers  of 
such  tales.  Soon  after  the  return  of  Edmund  Randolph  from  Phila 
delphia,  C.  B.  gravely  reported,  upon  the  authority  of  the  young  man, 
that  an  act  of  piracy  had  been  committed  on  the  open  sea  by  an 
eastern  privateer  on  an  American  vessel  coming  from  Nantes,  loaded 
with  goods  for  the  Continental  army,1  which  goods  were  taken  on 
board  by  an  order  from  the  President  of  Congress,  as  appeared  by  Mr. 
Hancock's  letter  produced  by  the  merchant  captain  to  the  commander 
of  the  privateer ;  that  it  afterwards  became  a  question  in  Congress 
whether  the  pirate  should  be  punished  ;  that  the  New  England  dele 
gates  all  supported  this  villain,  and,  on  a  division  of  our  delegates,  you 
and  our  brother  were  on  the  pirate's  side,  Harrison  and  Wythe  on  the 
opposite,  Nelson  being  then  absent ;  and,  in  fine,  that  a  majority  of 
Congress  suffered  this  knave  to  go  free  and  enjoy  the  fruits  of  his 
crime.  During  this  recital,  which  passed  in  a  full  company  at  Mrs. 
Campbell's,  the  simple,  the  honest,  the  ingenuous  Mr.  Speaker  of  the 
Delegates  appeared  greatly  amazed  and  shocked  at  such  enormous 
profligacy,  and  entertained  not  the  smallest  doubt  of  its  truth.  In 
short,  this  solemn  farce  ended  with  a  toast  of  reformation  to  the  Con 
gress.  Mr.  Randolph,  being  afterwards  interrogated  by  a  gentleman, 
turned,  to  use  the  gentleman's  own  lively  description,  white  and  blue 
and  green  and  red,  his  visage  lengthening  extremely  ;  swore  he  was 
abused  and  grossly  misrepresented.  He  went  immediately  with  this 
1  This  word  may  be  "account." 


MATZEI.  35 

gentleman,  Mr.  Matzei,  to  the  lobby  and  had  B.  called  out,  who,  being 
expostulated  with,  said  he  had  misunderstood  him,  and  returned  to  the 
House  with  all  the  marks  of  a  confounded,  detected,  self -condemned 
villain.  We  have  discovered  since  that  the  Speaker  intended,  when  a 
certain  bill  came  in,  to  make  use  of  this  story  to  prove  that  the  Congress 
merited  no  confidence  or  esteem,  and  that  it  would  be  improper  to  let 
an  appeal  lie  from  the  provincial  Admiralty.  However,  his  courage 
has  failed  him,  and  the  matter  ends  in  confusion  on  the  heads  of  these 
despicable  wretches.  Young  Edmund,  being  told  that  Banister  was  of 
the  company,  mentioned  the  affair  to  him,  who  said  :  *  Oh,  there  was  such 
a  thing  said,  but  nobody  believed  it.'  Matzei  observes  thus  to  Ran 
dolph  :  '  My  friend,  these  are  a  pack  of  damned,  crafty,  profligate 
knaves.  You  are  young  ;  let  me  advise  you  to  keep  on  your  guard 
against  them  ;  they  care  not  whom  they  sacrifice,  provided  they  may 
gratify  their  damned,  malignant,  deadly  hate  of  liberty  and  virtue. 
Banister  tells  you  nobody  believed  it,  and  yet  you  are  certainly  in 
formed  that  they  drank  reformation  to  the  Congress.  Lay  these  things 
together  ;  how  do  they  fit,  my  friend  ?'  So  far  Matzei." 

Matzei  was  a  scientific  Italian  who,  with  a  small  colony  of 
Tuscans,  had  settled  in  Virginia  ;  he  took  up  arms  in  behalf  of 
the  Colonies,  and  was  captured  by  the  British.  The  State  Treas 
urer,  whose  long  speech  vexed  John  Washington,  and  whose  fear 
that  the  slaves  might  take  to  heart  the  Bill  of  Rights  seemed  im 
pertinent  to  Ludwell  Lee,  was  Robert  Carter  Nicholas,  whose 
daughter  Randolph  presently  married.  He  was  ultimately  as 
serviceable  to  the  common  cause  as  his  censors.  Indeed,  in 
reading  the  Lee  Papers  (University  of  Virginia),  from  which  the 
four  preceding  letters  have  been  selected,  with  their  objurgations 
involving  honored  names,  I  have  remembered  the  words  of 
Browning's  "  Luria  "  : 

"  If  we  could  wait  !     The  only  fault  's  with  time  : 
All  men  become  good  creatures — but  so  slow  ! " 

,*filarf  3i  VI  isneO  iit>cio#  .rioH  sdrto  isid-gu&b «ucw  eslorbiVI  *>ilf. 
-lirb  a\il  '  o$  zdihw  rlqlobniiJS  "jiJocJ  sisw-d.W"     .-inus^iT  ijitelri 
iV/  to     iio  ddta.oi-  mod  "    rfjj&sfo  8  VIEW  aiii  VMJS  fr«»Tb 


CHAPTER  V. 

THE   FIRST  ATTORNEY-GENERAL    OF  VIRGINIA. 

AT  the  close  of  the  Convention  of  1776,  the  general  admira 
tion  for  Randolph  rose  to  enthusiasm.  The  people  saw  in  him 
the  powerful  house  of  Randolph  restored.  The  Assembly  elected 
him  Attorney-General  under  the  new  Constitution  (salary  £200) ; 
Williamsburg  elected  him  Mayor ;  and  among  the  many  notices 
of  him  in  the  Gazette  of  that  great  year,  the  following  (August 
29th)  shows  that  he  had  been  the  object  of  another  important 
choice : 

"  Edmund  Randolph,  Esquire,  Attorney-General  of  Virginia,  to 
Miss  Betsey  Nicholas,  a  young  lady  whose  amiable  sweetness  of  disposi 
tion,  joined  with  the  finest  intellectual  accomplishments,  cannot  fail  of 
rendering  the  worthy  man  of  her  choice  completely  happy. 

1 '  Fain  would  the  aspiring  muse  attempt  to  sing 
The  virtues  of  the  amiable  pair — 
But  how  shall  I  attune  the  trembling  string, 
Or  sound  a  note  which  can  such  worth  declare  ? 
Exalted  theme  !  too  high  for  common  lays. 
Could  my  weak  verse*  with  beauty  be  inspired, 
In  numbers  smooth  I  'd  chaunt  my  Betsey's  praise, 
And  tell  how  much  her  Randolph  is  admired. 
To  light  the  hymeneal  torch  since  they've  resolved, 
Kind  Heaven  I  trust  will  make  them  truly  blest, 
And,  when  the  Gordian  knot  shall  be  dissolved, 
Translate  them  to  eternal  peace  and  rest." 

Miss  Nicholas  was  daughter  of  the  Hon.  Robert  Carter  Nicholas, 
State  Treasurer.  "  We  were  both,"  Randolph  writes  to  his  chil 
dren,  after  his  wife's  death,  "  born  in  the  city  of  Williamsburg, 

36 


MARRIAGE.  37 

within  twelve  hours  of  each  other  ;  myself  on  the  loth  of  August, 
1753,  and  she  on  the  nth.  My  aunt  Randolph,  who  saw  each  of 
us  soon  after  our  birth,  facetiously  foretold  that  we  should  be 
united  in  marriage — a  circumstance  which,  improbable  at  the 
time  from  the  dissensions  of  our  families,  seemed  daily  to  grow 
into  an  impossibility  from  their  increasing  rancour.  In  childhood 
we  were  taught  the  elements  of  reading  at  the  same  school,  where 
the  vivacity  of  our  tempers  produced  many  of  those — [words 
illegible] — and  I  conjecture  that  she  too  had  entertained  some 
early  partiality.  However  this  might  have  been,  she  won  me  by 
the  best  of  all  graces,  cheerfulness,  good  sense,  and  benevolence. 
I  do  not  recollect  that  I  reflected  much  upon  that  range  of  quali 
ties  which  I  afterwards  found  to  be  constituents  of  nuptial  happi 
ness  ;  but  Providence  seemed  to  be  kinder  to  me  than  my  most 
deliberate  judgment  could  have  been.  ...  I  desired  nothing 
more  than  that  she  should  sincerely  persuade  herself  that  she 
would  be  happy  with  me." 

Mrs.  Randolph  brought  as  her  contribution  to  their  fortune, 
shrewdness  and  economy.  The  young  people  had  to  depend 
mainly  on  remunerations  of  practice  other  than  the  small  sums 
then  attached  to  the  two  offices.  "  His  success  at  the  bar,"  says 
Grigsby,  "  was  extraordinary.  Clients  filled  his  office  and  beset 
him  on  the  way  from  his  office  to  the  court-house,  with  their 
papers  in  one  hand  and  their  guineas  in  the  other."  His  working 
power  was  not  surpassed  even  by  his  eloquence.  Randolph's 
reputation,  as  Virginians  of  a  certain  age  have  received  it  from 
their  grandfathers,  is  unique  in  the  combination  of  exactness  in 
statement,  lucidity  of  language,  and  an  impressive  simplicity 
which  allayed  distrust.  His  unbroken  success  from  the  day 
when  he  rose  as  the  particular  star  of  the  college  theatre  until, 
twenty-five  years  later,  he  was  removed  from  the  forensic  arena, 
cannot  appear  mysterious  to  those  who  have  read  with  care  his 
speeches  in  the  conventions,  and  his  state  papers.  To  make 


38  EDMUND  RANDOLPH. 

clear  his  point,  and  to  carry  it,  constituted  his  art.  The  absence 
of  every  thing  that  might  draw  attention  to  himself  in  his  argu 
ment,  the  simplicity  of  statement,  accompanied,  as  they  were,  by 
unconscious  charms  of  presence  and  manner,  must  have  been 
very  impressive  in  contrast  with  the  rhetoric  of  Wirt  and  subli 
mations  of  Patrick  Henry.  His  personal  advantages  are  described 
by  Wirt  in  the  "  British  Spy." 

"  A  figure  large  and  portly  ;  his  features  uncommonly  fine  ;  his  dark 
eyes  and  his  whole  countenance  lit  up  with  an  expression  of  the  most 
conciliatory  sensibility  ;  his  attitudes  dignified  and  commanding  ;  his 
gesture  easy  and  graceful  ;  his  voice  perfect  harmony  ;  and  his  whole 
manner  that  of  an  accomplished  and  engaging  gentleman.  I  have 
reason  to  believe  that  the  expression  of  his  countenance  does  no  more 
than  justice  to  his  heart.  If  I  be  correctly  informed,  his  feelings  are 
exquisite,  and  the  proofs  of  his  benevolence  are  various  and  clear 
beyond  the  possibility  of  doubt.  He  is  a  man  of  extensive  reading, 
a  well  informed  lawyer,  a  fine  belles-lettres  scholar,  and  sometimes  a 
beautiful  speaker." 

This  description,  however,  refers  to  Randolph  in  the  later 
years  of  his  life.  His  appearance,  as  he  stood  in  the  Virginia 
Convention  of  '76  is  described  by  Hugh  Blair  Grigsby :  "  His 
noble  stature,  his  handsome  face,  his  unfailing  address,  insensibly 
arrest  the  attention.  .  .  .  He  spoke  with  a  readiness,  with  a  fulness 
of  illustration,  and  with  an  elegance  of  manner  and  expression 
that  excited  universal  admiration." 

Randolph's  title  as  Aide  to  Washington  continued,  and  he 
kept  his  chief  advised  of  affairs  in  Virginia.  In  a  letter  before 
me,  of  October,  1776,  he  gives  Washington  a  sad  account  of  the 
condition  of  troops  at  Williamsburg,  much  sickness  prevailing 
among  them.  Apparently  answering  a  demand  for  new  levies, 
he  asks:  "In  Heaven's  name,  where  are  they  to  come  from?" 
He  also  announces  the  complete  vindication  of  Col.  Harrison, 
whom  some  calumnies,  attributed  to  the  Lees,  had  for  once 
caused  to  be  defeated  in  the  choice  of  Congressmen ;  and  who 


AT  HEADQUARTERS.  39 

not  long  after  supplanted  Lee  (R.  H.)  in  that  body.  Soon  after 
this,  Randolph  repaired  to  Washington's  head-quarters,  and  on 
his  return  to  Williamsburg  brought  with  him  from  Philadelphia 
the  body  of  Peyton  Randolph,  who  was  laid  beside  his  father  in 
the  Chapel  of  William  and  Mary  College  26  November,  1776,  with 
imposing  civic  and  masonic  honors.  The  "excellent  oration" 
on  this  occasion  was  given  by  the  Rev.  Thomas  Davis,  who  after 
wards,  while  Rector  of  Christ's  Church,  Alexandria,  delivered  the 
oration  before  the  Free-Masons  on  the  death  of  Washington. 
Peyton  Randolph  had  been  Provincial  Grand  Master  of  Virginia. 
It  may  here  be  added  that  Edmund  Randolph  was  Grand  Master, 
1784-88,  of  Virginia,  and,  as  such  on  28  April  1788,  founded  the 
Alexandria  Lodge,  with  George  Washington  for  first  Master. 

Randolph  and  Patrick  Henry  were  friends  personally,  though 
generally  antagonists  in  law  cases.  Virginia  was  proud  of  her 
two  eloquent  leaders,  and  desired  for  them  a  larger  field  than  the 
court-room.  They  were  elected  to  Congress  in  the  spring  of 
1779.  Henry  declined,  his  law  business  at  home  being  urgent,, 
and  the  political  affairs  of  his  State  being  of  paramount  import 
ance.  Randolph  accepted,  and  in  July  made  his  way  to  Phila 
delphia, — a  tedious  and  dangerous  journey.  The  State  still  re 
tained  him  as  its  Attorney-General. 

Randolph  visited  head-quarters,  before  the  meeting,  and  was 
present  at  the  battle  which  he  describes  with  spirit  in  a  letter  to 
Jefferson,  of  27  July  1779  : 

"  The  annals  of  the  war,  though  perhaps  they  may  contain  a  more 
important,  will  not  transmit  to  posterity  a  more  brilliant  action  than 
the  reduction  of  Stony  Point,  which  was  effected  on  the  i6th  instant,, 
under  the  command  of  General  Wayne.  The  fort,  scarcely  more  acces 
sible  by  nature  than  Quebec  itself,  was  rendered  more  difficult  of  ap 
proach  by  abattis  and  other  military  obstructions.  If  the  ardor  of  the 
assailants  could  have  been  damped  by  human  means,  the  deep  morass 
and  strong  works  in  front  and  flank,  which  they  had  to  pass  and  sub 
due,  would  have  furnished  a  reasonable  excuse.  But  volunteers  alone 


4O  EDMUND  RANDOLPH. 

being  admitted  into  this  dangerous  enterprise,  they  marched  up  with 
firmness  in  the  face  of  a  galling  fire  of  musquetry  and  a  twenty-four 
pounder,  loaded  with  grape  shot.  The  business  was  done  by  the  bay 
onet  only,  for,  although  the  party  which  was  sent  to  amuse  the  garrison 
was  directed  to  keep  up  an  incessant  fire,  the  two  columns  to  whom  the 
real  attack  was  assigned  mastered  the  works  without  a  single  discharge 
of  their  pieces.  What  could  veterans  do  more,  than  to  put  their  whole 
confidence  in  cold  steel?  Indeed,  the  van  consisted  of  150,  who  ad 
vanced  with  unloaded  muskets.  The  wounded  on  the  side  of  America 
are  one  Lt.  Col.,  two  Capts.,  three  Lieuts.,  ten  Sergts.,  three  corporals, 
and  sixty-four  privates  ;  the  killed,  two  Sergts.,  and  thirteen  pri 
vates.  The  killed  of  the  enemy  are  63,  the  wounded  43,  and  about 
441  privates  besides  were  taken,  together  with  several  officers.  The 
stores,  I  believe,  were  considerable,  and  are  ordered  to  be  appraised, 
with  a  view  of  complying  with  General  Washington's  engagement  that 
they  should  be  distributed  among  the  soldiers,  if  successful.  The 
post  greatly  annoyed  our  army,  but,  requiring  too  large  a  number  of 
men  to  hold  it,  has  been  destroyed. 

"  P.  S. — You  will  oblige  me  much  by  suggesting  to  me  such  reflec 
tions  as  occur  to  you  on  the  subject  of  peace — not  on  the  propriety  of 
making  it,  if  possible,  but  on  the  terms  necessary  for  America  to  insist 
on." 

Philadelphia  was  at  this  time  in  a  singular  state,  socially, 
English  sympathies  being  prevalent  in  society,  and  the  popular 
radicalism  of  a  rather  rude  type.  A  curious  picture  is  presented 
in  a  letter  of  Richard  Henry  Lee  (5  July  1778)  to  his  brother 
Ludwell : 

"  We  had  a  magnificent  celebration  of  the  anniversary  of  indepen 
dence  yesterday,  when  handsome  fireworks  were  displayed.  The 
Whigs  of  the  city  dressed  up  a  woman  of  the  town  with  the  monstrous 
head-dress  of  the  Tory  ladies,  and  escorted  her  through  the  town  with 
a  great  concourse  of  people.  Her  head  was  elegantly  and  expensively 
dressed,  I  suppose  about  three  feet  high  and  proportionate  width,  with 
a  profusion  of  curls,  etc.,  etc.,  etc.  The  figure  was  droll,  and  occasioned 
much  mirth.  It  has  lessened  some  heads  already,  and  will  probably 
bring  the  rest  within  the  bounds  of  reason,  for  they  are  monstrous,  in 
deed.  The  Tory  wife  of  Dr.  Smith  has  christened  this  figure  Conti- 
nella,  or  the  Duchess  of  Independence,  and  prayed  for  a  pin  from  her 


RE  SIGN  A  TION.  4 1 

head  by  way  of  relic.     The  Tory  women  are  very  much  mortified,  not 
withstanding  this."  1 

The  alternate  duties  of  Attorney-Generalship  having  recalled 
Randolph  to  Williamsburg,  he  resolved  to  remain,  and  (5  Oct. 
1779)  sent  his  resignation  to  the  Speaker  of  the  House : 

"  I  repaired  to  Congress  in  obedience  to  the  command  of  the  Gen 
eral  Assembly  at  their  last  session  and  in  conformity  to  your  opinion, 
that  no  citizen  ought  to  decline  a  service  to  which  he  might  be  called 
by  the  voice  of  his  country,  without  a  good  cause.  To  such  of  my 
friends  as  urged  me  to  accept  the  appointment,  I  respectfully  rep 
resented  my  situation  in  life,  and  the  dependence  of  my  family  on 
the  fruits  of  my  profession.  They  thought  that  I  might  discharge 
both  public  and  private  duties,  returning  from  Philadelphia  to  the 
different  Courts.  With  this  idea,  I  yielded  to  their  application.  But 
after  having  made  the  experiment  I  find,  that  to  be  in  Virginia  at  those 
seasons  when  the  office  of  Attorney-General  may  require  my  presence, 
will  leave  a  small  portion  of  my  time  indeed  for  my  attendance  at  Con 
gress.  This  will  appear  to  be  the  case,  when  it  is  remembered  that  the 
interests  of  the  commonwealth  make  an  advocate  necessary  in  the 
Courts  of  Appeal  and  Chancery,  and  in  general  Court,  some  one  of 
which  will  be  sitting,  with  scarcely  an  interval  of  two  months,  from  this 
time  to  the  end  of  my  delegation.  I  therefore  entreat  the  General 
Assembly,  whose  frequent  instances  of  favor  towards  me  would  render 
any  defection  from  the  service  of  my  country  unpardonable,  to  consider 
my  embarrassments,  and  to  believe  that  nothing  but  my  obligations  to 
those  who  look  up  to  me  for  support,  would  induce  me  to  resign  a  seat 
so  honorable  in  itself,  and  as  a  demonstration  of  public  approbation." 

I  also  found  in  the  loft  of  the  State  House  at  Richmond  this 
account : 

DR.      The  Commonwealth  of  Virginia  in  account  with  Edmund  Randolph.      CR. 

*779-  £      '•   <*•       1779.                                              £  s.  d. 

July.        To     travelling    from  july>  By  cash  received  from 

Williamsburg       to  the  treasury  .     .     .  1,000  o  o 

Philadelphia  as    a  549  2  o 

delegate    to    Con-  

gress,     320    miles,  Balance    due    to    the 

at  6d.  per  mile       .  96     o    o                     Commonwealth       .  ^450  18  o 

1  MS.  Lee  Papers.       Univ.  of  Va. 


4^  EDMUND  RANDOLPH. 

DR.  CR. 

1779-  £    s-   d- 

To  ferriages  at  Port 

Royal      ....  14    o 

To  ferriages  at  Hooe's       580 
To   ferriages   at    Pa- 

tapsco      .     .     .     .  10     o  f  d 

To  ferriages  at  Sus-  Wageg  ^    *     ^ 

quehanna      ...       I   14     o 
To   ferriages    a.  P'idG'W-     •     ™>  '8     ° 

Schuylkill     ...  50  ^"1,000    o    o 

July         To     attendance,     27 
and  days,   at  £12  each 

August,      day      .....  324     o     o 
To  travelling  on   re 

turn  264  miles  .     .     79     4     o 
To    ferriages   at 

Schuylkill     ...  5     o 

To  ferriages  at  Wil 

mington  ....  12     o 

To  ferriages  at  Bay   .     30     o     o 
"     Lon 

don  Town    ...       i     o    o 
To  ferriages  at  Mount 

Pleasant  ....  10     o 

To   ferriages    at 

Young's  ....       900 


^549     2 
8th  Sept.,  1779. 
Delegate  in  Congress. 


CHAPTER  VI. 

CONGRESS    1780-1782. 

IN  the  following  year  (1780)  the  Assembly  insisted  on  return* 
ing  Randolph  to  Congress  again,  and  although  he  was  making 
money  he  yielded  to  solicitations.  Among  his  various  qualifica 
tions  for  having  tasks  imposed  on  him  was  a  familiar  knowledge  of 
the  French  language.  The  consideration  of  communications  from 
France  and  other  European  (continental)  countries  was  largely 
entrusted  to  him.  Among  his  letters  of  this  period  are  two  to 
Jefferson, — who  had  declined  the  embassy  to  France  on  account 
of  his  wife's  ill-health. 

"Phila.,  7  Sept.  1781. — By  the  last  post  I  suggested  to  you  that 
our  European  affairs  would  probably  bear  greater  delay  than  you  had 
apprehended.  What  you  call  your  temporary  disability  will  be  removed 
early  enough  to  allow  you  to  reach  France  by  January.  From  Col. 
Laurens'  account  I  am  induced  to  believe  that  Great  Britain  will  never 
admit  an  American  plenipotentiary  into  the  Congress  before  which  a 
general  pacification  is  to  be  agitated,  until  some  humiliating  stroke  of 
war  ;  and  until  such  admission  France  will  not  negotiate  on  the  sub 
ject.  These  considerations  fully  answer  your  objection,  and  give  me 
an  opportunity  for  wishing  for  authority  to  say  that  you  will  embark 
upon  the  embassy." 

The  next  letter  to  Jefferson  is  dated  at  Philadelphia  9  Oct. 
1781  : 

"  I  was  much  distressed  on  the  receipt  of  your  late  favor  by  Mrs. 
Randolph,  to  find  your  irrevocable  purpose  of  sequestering  yourself 
from  public  life.  If  you  can  justify  this  resolution  to  yourself  I  am 
confident  that  you  cannot  to  the  world.  There  remains  now  no  alter 
native  but  either  to  consign  Southern  interests  wholly  to  the  manage- 

43 


44  EDMUND  RANDOLPH. 

merit  of  our  present  ministers,  or  to  interdict  them  from  the  exercise  of 
all  discretionary  power. 

"  My  distance  from  Colle"  prevents  me  from  attending  to  George  Hay 
so  minutely  as  my  knowledge  of  his  genius  and  application  inclines  me 
to  do.  I  must  request  you,  as  a  friend  to  rising  abilities,  to  give  him  a 
hint  of  such  books  as  my  little  stock  will  afford,  and  are  suited  to  his 
progress.  I  am  certain  that  an  apology  for  consigning  this  trouble  to 
you  is  unnecessary. 

"  Mr.  Adams  has  been  harassing  the  Pensionary  of  Holland  with 
overtures  of  a  treaty  of  commerce.  He  seems  to  have  committed  the 
dignity  of  America  by  his  importunities,  and  being  so  often  repudiated. 
This  he  has  done  against  the  opinion  and  advice  of  Count  de  Vergen- 
nes.  Our  country  does  not  rest,  I  hope,  upon  the  prospect  of  a  loan 
from  Holland,  or  of  any  new  pecuniary  aid  from  France.  France 
has  embarrassed  herself  by  her  advances  for  America,  and  forewarned 
us  to  rely  on  ourselves  alone  for  fresh  supplies  of  money.  I  must 
entreat  you  to  add  one  more  object  to  your  journey  to  the  Assembly, — 
enforce  the  necessity  of  a  statement  of  our  accounts  against  the  continent 
being  forwarded  to  us  and  of  establishing  sufficient  funds  to  enable 
Congress  to  carry  on  the  war  with  effect. 

"  Capt.  Gillon,  who  took  on  board  of  his  ship  ^"10,000  sterling  worth 
of  clothing,  and  was  supposed  to  be  lost,  is  arrived  at  Falmouth,  in 
Casco  Bay. 

"  Mrs.  Randolph  would  tire  me  with  a  narrative  of  Mrs.  Jefferson's 
and  your  attention  to  her  since  my  absence,  did  I  not  take  pleasure  in 
professing  myself  to  be  at  all  times  your  friend,"  etc. 

In  the  autumn  of  1781  the  Virginia  Assembly,  which  had 
previously  given  its  consent  to  the  five  per  cent,  impost  required 
by  Congress,  suspended  its  consent  until  the  other  States  should 
pass  similar  laws.  To  secure  reversal  of  this  retrogressive  step, 
and  to  discharge  duties  as  Attorney-General,  Randolph  repaired 
to  Virginia  early  in  1782.  A  further  task  of  obtaining  for  his  col 
leagues  in  Congress  moneys  due  them  by  the  State,  is  shown  to 
have  been  pretty  hard,  by  the  following  notes  to  his  fellow- 
sufferer,  Madison  : 

"Richmond,  April  u,  1782. — My  family  are  now  fixed  at  an  hum 
ble  cottage,  about  six  miles  distant  from  here,  which  forms  a  contrast 
with  Philadelphia  that  nothing  can  reconcile  me  to  but  the  presence 


MADISON.  45 

of  my  domestic  triumvirate  and  the  pleasure  of  my  library.  I  might 
add  another  cause  of  consolation,  when  I  address  myself  to  you,  who 
are  at  this  moment  perhaps  suffering  under  the  severe  anguish  of  the 
want  of  money  ;  altho'  we  have  only  coarse  fare,  we  wish  for  much  less 
than  we  did  whilst  surrounded  by  the  luxuries  of  Philadelphia,  and 
have,  therefore,  less  occasion  for  cash." 

"  April  19,  1782. — I  can  assure  you  that  I  return  to  the  law  with  a 
species  of  sorrow.  It  is  not  often  that  I  lament  my  want  of  patrimony  ; 
but,  when  obliged  to  exchange  a  pursuit  liberal  and  extensive  like  poli 
ticks  for  reports  and  entries,  I  surely  do  not  commit  an  unpardonable 
sin  in  reprehending  my  father  for  not  handing  down  a  fortune  to  me. 
This  melancholy  reflection  paves  the  way  for  an  answer  to  your  invi 
tation  to  Philadelphia.  I  must  recover  what  I  expended  there,  and 
see  a  firm  establishment  for  our  support,  before  I  set  my  face  north 
wards.  Let  the  Assembly  provide  funds  ;  I  shall  have  immediately  a 
violent  conflict  with  prudence." 

The  Virginia  Act  provided  for  its  Congressmen  handsomely ; 
but  unfortunately  the  treasurer  rarely  had  money  to  pay  them, 
and  it  was  almost  impossible  for  members  with  families  to  live  in 
Philadelphia.  Madison,  being  a  bachelor,  had  managed,  with  the 
assistance  of  his  father  and  the  patience  of  Haym  Solomon  the 
broker,  to  remain ;  but  he  was  for  a  time  the  only  Virginian  in 
Congress,  and  even  he  must  have  left  but  for  Randolph's  perti 
nacity  at  the  Treasury  in  his  behalf.  The  now  humorous,  but 
then  serious,  situation  has  been  described  by  Rives,  (Life  of 
Madison  I.  521),  and  Randolph's  unwearied  services  appreci 
ated  :  appreciation  of  this  statesman's  services  to  others  is 
rare  enough  to  merit  mention. 

The  election  of  Congressmen  by  the  Virginia  Assembly  took 
place  in  May.  At  the  time  of  the  (second)  election  of  Randolph 
to  Congress  (1780),  the  law  of  Virginia  disqualified  a  delegate  from 
serving  more  than  three  years  in  any  term  of  six.  In  1782  Mad 
ison  (elected  1779)  would  have  been  disqualified,  had  not  the  law 
been  repealed  in  order  to  continue  the  old  delegation.  This  was 
not  done,  however,  without  jealousies,  as  appears  by  a  letter 
(20  June  1782)  of  Randolph  to  Madison. 


4.6  EDMUND  RANDOLPH. 

"  My  last  and  preceding  communications  which  spoke  of  certain 
manoeuvres,  alluded  to  in  your  letter  of  the  nth  instant,  mentioned,  I 
believe,  that  a  design  appeared  to  be  formed  against  the  re-election  of 
you  and  myself  to  Congress.  The  attack  was  unexpected  ;  and  the 
secret  suggestions,  which  were  intended  to  injure,  had  had  their  fullest 
operation  before  it  came  to  the  knowledge  of  our  friends.  But  it  may 
be  triumphantly  said  that  the  wicked  and  malignant  did  not  dare  to 
exclude  from  their  most  poisonous  reports  a  respect  for  our  characters. 
You  were  assailed  under  the  garb  of  friendship.  It  was  lamented  that 
the  rigor  of  the  law  should  cut  off  so  valuable  a  servant  from  public 
employment  ;  and  to  say  the  truth,  there  was  such  a  fervency  of  com 
pliment  that  it  was  unpleasant  to  distrust  its  sincerity.  I,  too,  was  de 
clared  to  be  ineligible,  after  a  preface  overflowing  with  panegyric  ;  and, 
indeed,  the  manifesto  of  hostility  never  could  wear  a  milder  form. 
However,  Patrick  Henry  propounded  the  question  respecting  my  eligi 
bility,  for  he  had  been  informed  of  their  clandestine  operations.  No 
man  rose  to  assert  the  negative,  except  Richard  Henry  Lee.  He  was 
fulsome  in  commendation,  as  I  am  informed,  and  protested  against 
every  possibility  of  exception  but  from  that  quarter.  He  had  no  other 
coadjutor  than  the  Old  Squire  [Richard  Lee].  The  Doctor  [Arthur 
Lee]  spoke  in  opposition  to  his  brother,  upon  pretty  much  the  same 
principle  as  that  which  actuates  two  eastern  delegates  when  they  divide, 
namely,  an  affectation  of  candor." 

The  aunt  alluded  to  in  the  following  letter  (from  Richmond, 
1 6  August  1782),  was  Mrs  Peyton  Randolph  (sister  of  Gov. 
Harrison). 

"  By  a  friend,  who  left  Williamsburg  on  Sunday  last,  I  am  informed 
of  the  dangerous  illness  of  my  inestimable  aunt.  I  fear,  when  I  com 
pare  her  age,  her  disorder,  and  the  violence  of  the  present  attack 
together,  that  I  shall  be  soon  deprived  of  a  second  mother  and  a  rela 
tion  having  equal  affection  and  partiality  for  me  as  if  she  had  been 
connected  with  me  by  the  nearest  ties  of  blood.  This  loss,  should  it 
happen,  may  produce  a  new  arrangement  in  my  affairs,  and  give  a  new 
turn  to  my  resolution  with  respect  to  my  return  to  Congress." ' 

1  On  24  August  1782,  Randolph  reports  an  incident  similar  to  one  which 
occurred  at  Richmond  during  the  Confederate  War,  humorously  described  by  the  late 
Mr.  Bagby. 

"  Three  days  ago  we  were  informed  that  a  large  fleet,  consisting  of  no  less  than 


RESIGNING  HIS  SEA  T  IN  CONGRESS.  47 

In  reply  to  Madison's  urgent  desire  that  he  should  return  to 
Congress,  Randolph  states  (22  Nov.  1782)  the  difficulties  present 
ed  by  his  law  business,  and  adds  : 

"  I  shall  probably  be  obliged  to  remain  here  for  some  time  in  pre 
paring  the  vindication  of  our  title  to  the  western  country,  \words 
illegible]  and  this,  too,  from  the  reappointment  of  Mr.  J[efferson],  on 
whose  shoulders  I  wished  to  throw  the  penmanship  of  the  work.1  To 
keep  my  name  up,  therefore,  when  I  must  be  necessarily  absent,  would 
be  an  obstacle  to  the  reinforcement  of  a  better  man." 

About  this  time  Randolph  resigned  his  seat  in  Congress,  his 
place  being  filled  by  his  friend  John  Francis  Mercer,  who,  alas, 
opposed  Madison's  valiant  efforts  to  secure  from  the  States  funds 
for  the  general  government.  "  For  many  reasons,"  wrote  Madi 
son  to  Randolph  (28  Jan.  1783),  "which  I  have  not  time  to 
explain  in  cypher,  it  is  my  decided  opinion  that  unless  such  funds 
be  established,  the  foundations  of  our  independence  will  be  laid  in 
injustice  and  dishonor,  and  that  the  advantages  of  the  Revolution, 
dependent  upon  the  federal  compact,  will  be  of  short  duration." 
In  order  to  conciliate  the  Southern  States,  which  objected  that 
their  quota  was  unjustly  estimated  by  inclusion  of  non-taxpaying 
negroes,  Madison  introduced  in  Congress  (March,  1783)  the  rule 
of  representing'  negroes,  which  afterwards  found  place  in  the 
Constitution.2  Even  Washington's  appeal  for  the  impost  (June, 
1783)  could  not  prevail  for  some  time.  "  The  arrival  of  Gen. 
Washington's  circular-letter,"  writes  Randolph  to  Madison  (28 
June),  "  excited  this  hope  in  the  minds  of  the  sanguine;  but  its 
effect  is  momentary;  and  perhaps  it  will  hereafter  be  accepted 
by  the  Assembly  with  disgust.  For  the  murmur  is  free  and  gen 
eral  against  what  is  called  the  unsolicited  obtrusion  of  his  advice." 

eighty  sail,  were  seen  within  our  capes.  This  story  naturally  brought  to  our  recollec 
tion  the  embarkation  at  New  York.  But  it  cannot  be  said  to  have  alarmed  us. 
From  the  want  of  confirmation  I  am  well  satisfied  that  a  speculator  was  concerned  in 
its  fabrication." 

1  Eventually  assisted  by  George  Mason,  Chairman  of  the  Committee. 

2  Rives'  Madison,  I.  424. 


48  EDMUND  RANDOLPH. 

By  Peyton  Randolph's  will,  dated  18  August  1774,  his  estates, 
— three  farms,  so  far  as  I  can  discover, — negroes,  and  other  prop 
erty,  were  to  pass  to  his  wife,  next  to  his  brother  John,  and  on 
the  latter's  death  to  Edmund,  "  subject  to  the  payment  of  five 
hundred  pounds  to  each  of  his  sisters,  Susanna  and  Ariana  Ran 
dolph,  for  the  payment  of  which  sums  I  allow  him  four  years  after 
the  estate  shall  come  into  his  hands,  he  paying  them  interest 
yearly  for  such  sums  as  remain  unpaid."  It  is  added  :  "  I  do 
hereby  empower  my  executors  to  sell  my  books  and  presses  to 
pay  my  debts,  and,  if  that  is  not  sufficient,  to  sell  so  many  of  the 
negroes  as  they  think  can  be  best  spared  from  the  use  of  the 
plantations  to  answer  that  purpose."  The  management  of  the 
property  was  at  once  in  Edmund  Randolph's  hands,  all  his  aunt 
could  pay  for  his  services  being  sent  over  to  his  parents  and  sis 
ters  in  London.  He  had  great  trouble  with  it  in  the  revolution 
ary  times,  when,  as  he  says  in  one  of  his  manuscripts,  "  the  help 
less  wives  and  children  were  at  the  mercy  not  only  of  the  males 
among  the  slaves,  but  of  the  very  women  who  could  handle 
deadly  weapons."  It  was  a  relief  when  he  heard  that  some  of  the 
Randolph  negroes  had  gone  off  to  Cornwallis ;  but  these  came 
back,  and  for  many  years  after  were  pensioners  on  the  compas 
sionate  master. 

By  the  death  of  Mrs.  Peyton  Randolph,  the  estate  of  her  hus 
band  fell  to  his  brother  John.  But  John  had  left  a  number  of 
debts,  the  interest  on  which  had  accumulated,  and  though 
Edmund  sent  remittances  to  his  parents  and  sisters,  dwelling  in 
poverty  in  London,  the  money  came  from  his  own  pocket.  On 
I  February  1783,  he  writes  to  Madison  : 

"  So  deeply  am  I  impressed  with  the  dismal  effects  of  our  refusing 
the  five  per  cent.  [*.  c.}  impost  demanded  of  the  States  by  Congress], 

1  The  executors  are  his  wife,  his  brother  John,  and  James  Cocke.  At  probate, 
20  Nov.  1775,  Betty  Randolph  and  James  Cocke  made  oath  thereto,  "  liberty  being 
reserved  for  John  Randolph,  Esq'r,  the  other  executor,  to  join  in  the  Probat  when  he 
shall  think  fit." 


FAMILY  BURDENS. 


49 


that  if  I  could  accommodate  some  violent  altercations  in  which  I  am 
involved  by  the  falling  of  my  uncle's  estate  into  my  bands,  and  I  sup 
posed  that  incessant  efforts  would  accomplish  its  revival,  I  would  go 
into  the  Assembly.  But  a  curious  incident  has  happened  to  me.  My 
father,  who  is  an  alien,  having  an  interest  for  life  in  the  estate  before  it 
of  right  belongs  to  me,  his  creditors,  numerous  and  greedy,  are  press 
ing  hard  upon  me  for  a  delivery  of  the  property  to  their  use.  Now,  if 
the  laws  were  to  justify  me  in  the  most  exclusive  appropriation  of  those 
funds  to  my  own  use,  I  would  not  so  apply  them  ;  but  I  cannot  bear 
the  separation  of  negro  families.  I  have  therefore  taken  a  middle 
mode,  to  offer  the  creditors  the  profits  during  my  father's  life.  These- 
deductions  added  to  the  certain  necessity  and  obligation  of  supporting 
his  family,  will  incumber  me  immensely.  However,  if  I  can  make  a 
fortunate  compromise,  I  may  afford  to  resign  my  office  and  will  go  into 
the  Legislature." 

Randolph  continued  his  labors  in  behalf  of  the  demand  of 
Congress,  and  toward  the  end  of  the  year  they  were  crowned  with 
success.  Virginia  yielded. 

There  was  a  talk  in  Congress  of  reimbursing  former  presidents 
of  that  body,  and  Hon.  Arthur  Lee  wrote  to  Randolph  about  a 
possible  claim  in  behalf  of  Peyton  Randolph.  Randolph  replied 
that  his  uncle's  expenses  did  not  exceed  those  of  any  other  dele 
gate,  and  nothing  existed  on  which  any  charge  could  be  built. 
"As  a  creditor  of  my  father  you  shall  receive  equal  measure  with 
others.  What  that  measure  will  be  I  do  not  as  yet  know." 

At  John  Randolph's  death  in  London,  early  in  1784,  Edmund 
became  heir  of  Peyton  Randolph's  estates ;  but  he  also  became 
heir  to  a  patrimony  of  debt,  gathered  on  their  way  to  him,  which, 
with  the  thousand  pounds  to  be  paid  his  sisters,  was  a  heavy 
burden.  He  could  have  disencumbered  the  estates  had  he  been 
willing  to  make  them  scenes  of  negro  auctions.  He  was  urged  to 
this  by  his  wife.  Although  no  wife  was  more  loved,  and  though 
she  had  managed  to  change  the  young  deist  to  a  churchman, 
Mrs.  Randolph  could  not  bend  her  husband  from  his  anti-slavery 
convictions.  The  anti-slavery  sentiments  of  these  old  Virginians 


50  EDMUND  RANDOLPH. 

were  not  inconsistent  with  holding  slaves,  for  at  that  time  there 
was  no  region  in  which  they  could  be  free ;  but  they  would  not 
sell  human  beings,  and  dealt  not  with  slave-dealers.  Randolph 
paid  his  sisters  their  uncle's  bequest,  and,  securing  the  best  terms 
he  could  with  his  father's  creditors,  set  himself  to  hard  work. 
The  debts  were  paid,  but  Randolph  derived  little  benefit  from 
his  uncle's  bequest ;  the  produce  of  the  land  scarcely  sufficed  to 
support  the  increasing  number  of  negroes.  Nevertheless,  he 
had  a  magnificent  law  practice,  a  happy  home,  troops  of  friends, 
and,  so  long  as  public  duties  did  not  call  him  from  these,  Ran 
dolph,  who  had  no  vices  or  even  luxurious  tastes  to  indulge,  was 
a  happy  man.  His  wife  was  a  homely  woman  in  all  senses  ;  she 
was  also,  it  maybe  suspected,  straightlaced.  When  Jefferson  and 
Wythe  came  over  to  play  chess  with  Randolph  on  Sunday,  she 
remained  out  of  the  room,  and  the  amusement  was  not  repeated. 
She  was  educated  and  refined,  but  not  a  "  society  woman,"  and 
Randolph's  public  friends  were  never  able  to  understand  his 
enthusiasm  for  her.  But  she  was  a  devoted  wife,  and  his  as  loyal 
a  heart  as  ever  beat. 

Randolph's  dislike  of  his  profession  did  not  include  its  larger 
relations,  but  was  based  on  certain  dismal  conditions  of  practice 
in  his  region.  The  two  letters  following  leave  little  reason 
for  wonder  that  he  should  "  return  to  the  law  with  a  species  of 
sorrow." 

On  30  August  1782,  he  writes  to  Madison  : 

"  The  laxness  and  inefficacy  of  government  really  alarms  me.  A 
notorious  robber,  who  escaped  from  gaol  about  a  twelvemonth  ago,  has 
associated  in  his  villainies  a  formidable  gang  of  blacks  and  whites, 
supposed  to  amount  to  fifty.  They  disperse  themselves  judiciously  for 
the  accomplishment  of  their  work  and  the  elusion  of  punishment,  and 
have  perpetrated  some  of  the  most  daring  and  horrid  thefts.  An  at 
tempt  has  been  often  made  to  arrest  this  prince  of  banditti,  but  it  has 
hitherto  miscarried.  Nay,  I  do  not  believe  that  government  can  by 
any  means  in  its  power  effect  the  seizure  of  this  man.  I  live  in  the 


OFFICIAL  BURDENS.  51 

centre  of  the  late  depredations,  and  have  no  other  hope  to  avoid  their 
wickedness  than  by  the  awe  which  my  office  may  create." 

On  28  June  1783,  he  writes  with  humiliation  at  the  prospect 
of  being  sent,  as  Attorney-General,  to  defend  his  State  for  repu 
diating  an  arbitration : 

"  You  will  conceive  how  little  suited  to  my  feelings  a  mission  is, 
which,  I  fear,  will  not  redound  much  to  the  credit  of  our  country  nor 
myself.  Nathan's  accounts  have  been  the  topic  of  much  vehemence  in 
the  Assembly,  and  the  issue  is,  that  the  decision  of  Reed  of  Bradford 
is  annulled,  and  other  arbitrators  are  to  be  appointed  in  Maryland. 
Before  these  I  am  to  appear  to  press  the  reputation  of  Virginia  for 
good  faith  and  to  submit  to  hear  just  and  copious  reproaches  thrown 
upon  her.  The  resolution  making  this  arrangement,  assigns  as  a  reason 
for  reversing  the  award  of  these  gentlemen,  that  no  evidence  was  be 
fore  them.  It  binds  Nathan  to  enter  into  a  bond  of  ;£i  5,000,  but 
leaves  the  State  at  liberty  to  ratify  or  not,  whatever  may  be  the  result 
of  their  deliberations.  If  we  should  not  succeed  in  Maryland,  it  is 
possible  that  I  may  be  honored  with  a  trip  to  North  Carolina  ;  and  so 
on  until  I  visit  you  in  a  journey  to  the  States  eastward  of  Phil*." 

A  reference  to  Call's  Reports,  IV.,  will  show  that  among  the 
cases  with  which  the  Attorney-General  had  to  deal,  some  were  of 
profound  interest.  In  1782  occurred  the  first  case  in  this  coun 
try  relative  to  the  nullity  of  an  unconstitutional  law — that  of 
Commonwealth  v.  Caton  et  al.  In  this,  Randolph  moved  suc 
cessfully  for  the  execution  of  sentence  on  three  traitors  pardoned 
by  a  resolution  of  the  House  of  Delegates,  the  Senate  not  con 
curring.  Chancellor  Wythe's  decision  is  historical.  In  another 
case  it  became  Randolph's  official  duty  to  defend,  against  his 
conviction,  a  conditional  pardon  by  Gov.  Patrick  Henry  (Com 
monwealth  v.  Fowler.  Call,  V.  35).  It  was  decided  that  the 
conditions  annexed  to  the  pardon  were  void.  These  old  argu 
ments  and  decisions — for  there  was  no  more  learned  Bench  in 
America  than  that  of  the  Virginia  Court  of  Appeals — will  amply 
repay  study. 


CHAPTER  VII. 

THREE  LETTERS  TO  JEFFERSON. 

THE  following  letters  from  Randolph  to  Jefferson  give  a  lively 
picture  of  some  of  the  burdens  and  problems  besetting  an 
Attorney-General  of  Virginia  at  the  period  to  which  they  refer : 

"RICHMOND,  Jany.  30,  1784. — Your  friendly  overture  of  a  corre 
spondence,  altho*  written  on  the  3ist  ult°  did  not  reach  me  before  the 
last  evening.  I  pledge  myself  for  furnishing  all  the  intelligence  which 
the  barrenness  of  this  place  can  supply,  fit  for  your  attention. 

"  But  for  a  late  occurrence,  the  executive  would  languish  for  em 
ployment.  A  Mr.  Geo.  Hancock  a  citizen  of  this  commonwealth, 
assaulted  and  beat  a  Mr.  Jonas  Beard,  a  justice  of  the  peace  and  mem 
ber  of  the  legislature,  of  So.  Carolina.  About  a  fortnight  ago  the  gov 
ernor  of  that  State,  stimulated  by  the  advice  of  his  council,  and  the 
application  of  the  chief  justice  of  the  general  sessions,  demanded  his 
body  from  our  governor,  under  the  fourth  article  of  the  confederation  ; 
charging  the  assault  to  be  a  high  misdemeanor.  In  support  of  this 
demand,  the  affidavit  of  Mr.  Beard  was  also  transmitted,  stating  the 
attack  to  be  extravagantly  violent,  and  to  have  been  made  '  during  the 
sitting  of  the  court  of  general  sessions.  Nothing  farther  was  said  to 
induce  a  belief  that  the  injury  took  place,  while  Mr.  Beard  was  in  the 
actual  exercise  of  his  office  of  a  justice  of  the  peace  ;  nor  could  I  col 
lect  from  the  affidavit  or  any  other  communication,  what  affinity  the 
judiciary  system  of  S°.  C.  had  created  between  Mr.  Beard  as  a  justice 
and  the  court  of  general  sessions.  Much  less  could  I  discover,  that 
legislative  privilege  was  in  any  manner  violated  by  the  assault.  I  was 
called  upon  officially  on  this  occasion.  At  first  sight  it  seemed  difficult 
to  determine  how  far  our  executive  ought  to  be  convinced  of  Hancock's 
guilt  before  they  could  deliver  him  up.  This  scruple  originated  from 
the  76th  section  of  Vattel's  2d  book.  But  the  quotation  of  a  practice  in 

52 


AN  INTERSTATE   QUESTION.  53 

Switzerland  which  deprives  the  canton,  within  whose  reach  an  offender 
may  be,  from  the  right  of  investigating  the  offence,  appeared  insufficient 
to  forbid  Virginia  the  exercise  of  her  faculties.  For  that  usage  is  the 
effect  of  mere  conventional  law,  and  the  general  law  of  nations  by 
analogy  holds  a  different  language  when  it  permits  a  state,  from  which 
compensation  for  damages  is  required,  to  judge  on  the  propriety  of 
paying  them,  instead  of  swallowing  any  gross  quantum  imposed  on  it. 
Besides,  Virginia  and  S°.  Ca.  are  as  distinct  from  each  other  as  France 
and  Great  Britain,  except  in  the  instances  provided  for  by  the  con 
federation.  And  surely  that  compact  does  not  destroy  the  right  of 
previous  inquiry. 

"  The  next  consideration  was  the  definition  of  a  high  misdemeanor. 
But  neither  in  vulgar  import,  nor  in  the  construction  of  british  law, 
according  to  4th  Black,  is  an  ordinary  assault  so  styled.  I  say  an  ordi 
nary  assault ;  because  not  a  syllable  of  the  accusation  advances  the 
offence  to  the  rank  of  a  high  misdemeanor.  For  *  the  sitting  of  the 
court  of  general  sessions '  may  mean  the  term,  not  the  being  on  the 
bench  :  Mr.  Beard,  tho'  a  justice  of  the  peace,  might  not  be  connected 
with  that  court ;  and  the  phlogiston  of  Governor  Guerard's  temper, 
excited  as  it  has  been,  would  have  produced  expressions  far  more  de 
cided  and  inflammatory  against  Hancock,  if  this  circumstance  of  aggra 
vation  had  existed.  This  criticism  on  the  looseness  of  the  impeach 
ment  ought  to  prevail,  when  the  question  is  concerning  the  banishment 
of  a  citizen  for  trial  to  a  foreign  tribunal. 

"  If  a  law  of  S°  C.  should  proclaim  every  assault  to  be  a  high  misde 
meanor  in  the  sense  of  an  unequivocal  attack  on  the  State,  what  is  to 
be  hereafter  done,  upon  the  representation  of  such  a  law  ?  I  answer 
with  hesitation  ;  but  I  lean  to  an  opinion,  that  Hancock  ought  to  be 
surrendered,  howsoever  absurd  such  a  law  would  be.  For  different 
States  may  vary  in  their  policy  ;  and  the  fourth  article  of  the  confed 
eration  indulges  every  State  with  its  own  idea  of  safety.  If  Hancock 
had  been  apprehended  within  the  limits  of  S°  C.,  upon  the  supposition 
of  such  a  law,  he  would  have  suffered  for  a  high  misdemeanor  without 
the  possibility  of  a  murmur  from  Virginia.  Ought  his  flight  to  rescue 
him  from  the  punishment  ? 

"  But  on  the  other  hand,  if  what  a  state  shall  choose  to  call  a  high 
misdemeanor,  is  to  rule,  there  is  another  desideratum  in  the  informal 
ity  transmitted.  Let  the  real  circumstances,  as  they  may  be  in  future 
disclosed,  constitute  the  assault  on  Mr.  Beard  a  high  misdemeanor  in 
common  and  british  interpretation  ;  yet  as  S°  C.  may  change  the  nature 


54  EDMUND  RANDOLPH. 

of  the  crime,  a  law  should  be  shewn  manifesting  that  its  nature  is  not 
changed. 

"  I  thought  it  advisable  to  point  out  the  mode  of  arresting  the  per 
petrator  of  a  high  misdemeanor  in  another  State,  lest  the  executive 
should  hold  sentiments  contrary  to  mine.  In  this  I  was  embarrassed. 
The  old  act  of  citizenship  repeats  the  passage  of  the  confederation  on 
this  subject.  The  new  act  omits  it  on  purpose  to  avoid  throwing  a 
doubt  on  the  validity  of  the  other  parts  not  re-enacted.  But  this  omis 
sion  did  not  hinder  me  from  viewing  the  confederation  as  a  law,  how 
soever  clothed  in  the  garb  of  a  compact.  My  perplexity  arose  from 
not  knowing,  whether  the  executive  should  issue  a  warrant,  or  a  com 
mon  magistrate.  For  that  this  law  must  be  executed,  admitted  not  a 
doubt ;  nor  yet  could  it  be  denied,  that  the  granting  of  a  power  by  law 
involves  all  incidents,  necessary  for  its  execution.  I  therefore  recom 
mended,  that  the  executive  should  in  these  cases  announce  that  the 
demand  had  been  made  in  due  form,  and  require  the  peace  officers  to 
take  proper  measures  for  arresting  the  culprit. 

"  This  is  the  short  state  of  Mr.  Hancock's  perils.  You  will  perceive 
that  I  have  paid  no  attention  to  another  part  of  the  fourth  article,  re 
specting  full  faith  &  credit  &c.  I  passed  it  by  as  relating  to  a  matter 
of  another  sort." 

Another  letter  of  Randolph  to  Jefferson,  dated  at  Richmond, 
.24  April  1784,  reports: 

"  The  elections  for  this  year  have  proved  the  readiness  of  the  citi 
zens  to  incorporate  the  military  with  the  civil.  I  have  heard  of  the 
success  of  seven  military  candidates  in  different  counties,  and  of  the 
rejection  of  one  only.  This  repudiation  was  effected  by  Burk's  pamph 
let  against  the  Cincinnati ;  which  had  circulated  very  widely  thro' 
the  southern  parts  of  Virginia  and  particularly  Mecklenburg.  Perhaps 
the  indisposition  of  the  people  towards  the  society  in  general  was  much 
heightened  when  applied  to  Col°  Hopkins,  the  candidate  who  miscar 
ried,  by  a  report  that  he  was  deputy  to  the  convention  shortly  to  be 
holden  in  Phila.  How  far  General  W.  patronizes  the  association,  is,  as 
yet,  an  impenetrable  secret.  It  has,  however,  been  said  for  him,  that 
in  his  opinion,  neither  Burk,  nor  the  author  who  answered  him,  under 
stood  the  principles  of  the  institution."  1 

1  Although  Randolph's  military  career  had  not  been  long  enough  to  qualify  him 
for  regular  membership  in  the  Society  of  Cincinnati,  such  was  the  general  esteem  for 
Mm  that  he  was  elected  an  honorary  member.  He  never  quite  approved  of  the  insti 
tution,  however. 


VIRGINIA    POLITICS.  55 

"  You  must  remember  the  inveteracy,  discovered  by  the  inhabitants 
of  Essex,  against  the  return  of  British  subjects.  In  order  to  shew, 
how  firmly  they  are  resolved  in  this  instance,  they  have  elected  Mr. 
Gatewood,  who  stands  foremost  in  an  indictment  found  against  those 
who  tarred  and  feathered  one  Williamson,  while  he  had  the  gov 
ernor's  protection  in  his  pocket.  What  the  issue  of  this  ferment  may 
be  will  probably  depend  on  the  views  of  those,  who  first  set  these 
violences  into  motion.  For  I  believe  that  the  father  of  them  is  inde 
fatigable  in  his  endeavours  to  suppress  the  payment  of  british  debts — 
conceives,  that  a  fixed  antipathy  against  such  british  subjects,  as  were 
formerly  here,  will  more  certainly  tend  to  the  other  purpose,  and  seems 
powerful  in  his  influence. 

"  Mr.  Meriwether  Smith  has  on  the  anvil,  I  am  told,  a  tract,  paral 
lelizing  the  conduct  of  the  Dutch  during  their  struggles  with  Spain, 
and  our  own  in  the  late  dispute  with  G.  B.  From  thence  he  designs 
to  prove  the  propriety  of  confiscating  debts.  This  chef-d'oeuvre  will 
probably  be  as  eminent  for  historical  learning,  as  his  former  pamphlet 
was  for  sound  policy. 

"  I  have  not  heard  since  the  election,  but  I  am  confident  from  what 
reached  me  before,  that  our  friend  Madison  will  certainly  be  a  member. 
His  aid  will  be  necessary  to  correct  the  extravagaries  of  some  plausible 
men  who  have  many  schemes  of  romance  much  at  heart." 

One  more  letter  of  Randolph  to  Jefferson,  of  this  period,  may 
be  quoted  here  : 

RICHMOND,  15  May  1784  : — "Your  mission  to  Europe  reached  us 
the  day  before  yesterday,  and  made  me  doubt  whether  you  will  not 
have  sailed  before  my  answer  to  your  friendly  letter  by  the  last  post 
shall  get  to  hand. 

"  I  had  begun  to  transcribe  for  you  the  manuscript  defence  of  our 
claim  to  western  territory.  I  shall  pursue  the  task,  and  forward  it  by 
some  opportunity  across  the  Atlantic.  It  is  probable,  that  you  will 
have  it  in  your  power  to  correct  the  defect  of  documents  by  papers,  to 
which  you  may  have  easy  access  in  Europe.  If  so,  be  so  good  as  to 
inform  me. 

"  The  great  leaders  of  the  Assembly  not  being  arrived,  their  business 
is  stagnated.  I  am  told,  however,  that  Mr.  Henry  is  in  the  neighbour 
hood.  The  increase  of  new  members  has  introduced  some  of  the 
children  of  the  revolution,  who  labour  to  satisfy  themselves  and  dis 
dain  dependency  on  the  dictum  of  any  individual  or  faction.  By  this 


56  EDMUND  RANDOLPH. 

means,  we  seem  to  have  obtained  another  division  of  party  in  the 
Assembly.  It  was  manifest  throughout  the  last  session,  that  H  [enr]  y 
had  one  corps — R.  H.  L.,  tho'  absent,  another,  and  the  Speaker  a  third, 
founded  on  a  rivetted  opposition  to  our  late  enemies  and  every  thing 
which  concerned  them.  The  first  class,  you  know,  has  always  been 
numerous,  and  will  probably  remain  so.  The  second  has  never  varied 
a  single  point  either  way  for  some  years.  The  third  is  but  a  tempo 
rary  bubble  contrived  to  save  the  trouble  of  thinking  on  true  national 
policy.  I  suspect,  however,  that  these  new  legislative  guests  will  want 
a  general  to  enable  them  to  make  head  against  those  of  the  other 
parties,  who  will  not  fail  to  impeach  them  with  an  affectation  of  novelty 
when  they  only  press  the  result  of  liberality  and  reflection.  This 
renders  it  probable  that  our  friend  of  Orange  will  step  earlier  into  the 
heart  of  battle,  than  his  modesty  would  otherwise  permit.  For  he  is 
already  resorted  to,  as  a  general  of  whom  much  has  been  preconceived 
to  his  advantage. 

"  The  demand  of  the  governor  of  S.  Carolina  for  the  body  of  Hancock 
has  been  communicated  to  the  Assembly.  But  late  accounts,  not  official, 
inform  us,  that  his  conduct  on  this  occasion  has  been  abandoned,  if 
not  reprehended  by  the  legislature  of  that  State,  as  the  effect  of  indel 
icacy  and  vehemence  of  temper. 

"  The  sitting  of  the  chancery  has  prevented  me  from  hearing  the 
particulars  of  the  governor's  budget.  But  it  is  supposed,  that  his  letter, 
and  the  opinions  of  those,  who  are  active,  will  give  rise  to  these  ques 
tions  :  i.  a  general  assessment ; l  2.  restitution  of  british  property  ;  3. 
payment  of  british  debts  ;  4.  the  introduction  of  a  stamp-act,  under  a 
less  offensive  name  ;  5.  the  making  of  Norfolk,  the  only  port  of  entry 
and  clearance.  The  first  has  H  [enr]  y  for  its  patron  in  private;  but 
whether  he  will  hazard  himself  in  public,  cannot  be  yet  ascertained. 
The  second  will  be  feebly  supported.  The  negative  of  the  third  will 
be  advocated  by  Mr.  Tyler,  and  Mr.  John  Taylor  within  doors,  and  by 
the  author  of  the  pamphlet  without.  The  two  last  have  originated 
from  Madison.  He  is  placed  in  a  station  favorable  for  enforcing 
them,  being  Chairman  of  the  Committee  of  Commerce. 

"  My  parting  wish  is  for  your  happiness,  it  being  with  the  sincerest 
friendship  that  I  subscribe  myself,  etc." 

1  For  (unsectarian)  religion. 


CHAPTER  VIII. 

CORRESPONDENCE  WITH   WASHINGTON. 

A  REGULAR  correspondence  had  been  kept  up  between  Ran 
dolph  and  Washington,  since  their  confidential  relations  during 
the  siege  of  Boston.  The  General's  business  affairs  in  Virginia, 
sometimes  complicated,  were  entirely  entrusted  to  Randolph. 
Struggling  as  he  was,  Randolph  refused  compensation  from  his 
friend  for  legal  services  continued  through  many  years,  whose 
importance  may  be  partly  gathered  from  their  letters. 

"RICHMOND,  19  Feb.  1784. — Your  favor  of  the  10  inst  which  I  this 
day  received  is  not  the  first  information  concerning  Lord  Tankerville's 
power  of  attorney.  I  was  written  to  by  Lady  Tankerville  and  his  Lord 
ship  as  early  as  November  last,  and  immediately  desired  Col.  Hooe  to 
state  to  me  the  particulars  of  this  new  office.  He  answered  that  he 
was  ignorant  of  the  duty  expected  from  us,  and  must  remain  so  until 
your  return  to  Mount  Vernon.  I  waited  for  a  farther  communication 
from  him  before  I  resolved  on  the  part  which  I  ought  to  take.  As  you 
decline  the  undertaking  I  shall  immediately  acquaint  Col.  Hooe  with 
my  determination  to  join  him  if  the  services  expected  from  me  can  be 
performed  here.  For  it  is  impossible  that  I  should  be  active  in  the 
affair.  I  shall  address  Lady  and  Lord  Tankerville  to  the  same  effect. 

"  I  had  prepared  a  letter  to  you  on  the  subject  of  three  petitions 
now  depending  in  the  General  Court,  in  the  name  of  Col.  Bassett, 
against  you.  They  were  intended  I  presume  to  cover  some  forfeiture 
of  lands  for  non-cultivation,  or  non-payments  of  quit-rents.  Will  you 
be  so  good  as  to  let  me  know  how  the  cases  are  circumstanced,  that  I 
may  be  able  to  decide  what  conduct  I  ought  to  pursue  concerning 
them? 

"  I  left  the  form  of  an  answer  in  Savage's  suit  against  you  and  Mr. 

57 


58  EDMUND  RANDOLPH. 

B.  Fairfax,  with  the  latter  gentleman,  in  hope  of  receiving  it  executed 
in  a  proper  manner — that  I  might  put  the  most  expeditious  end  to  the 
business." 

Washington  received  through  Randolph  important  additions 
to  his  estates  ;  and,  on  17  July  1784,  his  friend  thus  answers  an 
offer  of  payment. 

"  I  received  your  favor  of  the  10  July  by  the  last  post.  You  will 
excuse  me,  I  hope,  from  accepting  fees  for  any  business  which  I  may 
execute  for  you  in  the  line  of  my  profession.  It  is  indeed  a  poor  mode 
of  acknowledging  the  repeated  acts  of  friendship  which  I  have  experi 
enced  from  your  hands,  but  I  beg  to  be  gratified  in  this,  the  usual  way 
in  which  lawyers  give  some  small  testimony  of  their  attachment.  The 
grants  which  accompany  this  letter  are  of  a  bulky  nature,  but  I  thought 
I  ought  to  enclose  them  by  the  post,  the  stage  having  been  found  in 
one  instance  not  to  be  the  most  certain  conveyance." 

In  May  1785  there  was  a  conference  held,  partly  at  Alexan 
dria  and  partly  at  Mount  Vernon,  on  which  historians  have  yet 
to  throw  light.  It  related  to  the  condition  of  the  Confederation, 
and  was  preliminary  to  the  Annapolis  Convention.  From  the 
silence  of  Randolph's  letters  concerning  the  consultations,  I 
infer  that  they  were  considered  secret.  In  August  of  that  year 
he  visited  "  The  Rocks,"  home  of  his  sister,  Ariana  Wormeley, 
and  on  the  8th  of  that  month  writes  from  that  place  to  Washing 
ton,  asking  if  he  will  accept  the  presidency  of  the  James  River 
Company:  "It  is  not  expected  that  you  should  undertake  any 
troublesome  part ;  but  we  wish  to  be  considered  as  having  your 
particular  patronage.  I  hope  that  before  this  you  are  well  pre 
pared  against  your  adversaries  at  Fort  Pitt."  From  Richmond 
he  writes,  September  2  :  "I  endeavored  to  relieve  you  from  the 
appointment  to  the  office  of  President.  But  the  universal  suf 
frage  called  you  to  the  post,  without  an  expectation,  however, 
that  you  would  undergo  more  of  the  business  than  your  own  con 
venience  may  reconcile  to  you.  Mr.  James  John  Harvie,  David 
Ross,  and  Wm.  Cabell  and  myself  are  directors." 


GOVERNOR   OF  VIRGINIA.  59 

Other  letters,  whose  details  might  not  interest  the  reader,  show 
Randolph's  disinterested  activity  in  Washington's  private  busi 
ness,  continued  amid  his  arduous  public  services  through  the 
year  1786.  Loyalty  in  friendship  was  characteristic  of  him. 
Many  a  friend  fell  away  from  him,  but  he  was  never  the  first  to 
fall  away  from  one. 

On  21  January  1786  Randolph  was  appointed  by  the  Vir 
ginia  Assembly  at  the  head  of  its  commission  of  eight  to  meet 
those  of  the  other  States  for  consultation  concerning  uniformity 
of  commercial  regulations  in  the  country.  On  March  I  he  writes 
to  inform  Madison  of  the  time  and  place  for  "  our  conversation.'* 
Annapolis  was  preferred  "  as  being  most  central,  and  farther  re 
moved  from  the  suspicion  which  Philadelphia  or  New  York 
might  have  excited  of  congressional  or  mercantile  influence." 
The  result  of  this  "  conversation  "  was  the  Constitution  of  the 
United  States. 

On  7  November  1786,  Edmund  Randolph  was  elected  Gov 
ernor  of  Virginia.  The  opposing  candidates — Richard  Henry 
Lee  and  Colonel  Theodorick  Bland — were  left  in  minorities  that 
made  them  sore.  Washington  was  much  gratified.  "  It  gave  me 
great  pleasure,"  he  writes  (November  19),  "  to  hear  that  the 
voice  of  the  country  had  been  directed  to  you  as  chief  magistrate 
of  the  commonwealth,  and  that  you  had  accepted  the  appoint 
ment.  Our  affairs  seem  to  be  drawing  to  an  awful  crisis ;  it  is 
necessary  therefore  that  the  abilities  of  every  man  should  be 
drawn  into  action  in  a  public  line  to  rescue  them  if  possible  from 
impending  ruin.  As  no  one  seems  more  fully  impressed  with  the 
necessity  of  adopting  such  measures  than  yourself,  so  none  is  bet 
ter  qualified  to  be  entrusted  with  the  reins  of  government.  I 
congratulate  you  on  the  decision,  and,  with  sincere  regard  and 
respect,  etc."  To  which  handsome  note  Randolph  responds  (No- 
bember  24) : 

"I  am  sensibly  affected  by  your  friendly  congratulations.    You  will 


60  EDMUND  RANDOLPH. 

readily,  I  hope,  believe  that  I  class  them  among  the  auspicious  events 
of  my  life.  But  in  truth  more  difficulties  are  in  prospect  than  pru 
dence  ought  to  have  prompted  me  to  encounter.  The  nerves  of  gov 
ernment  are  unstrung,  both  in  energy  and  money,  and  the  fashion  of 
the  day  is  to  calumniate  the  best  services  if  unsuccessful.  What, 
then,  am  I  to  expect  ?  Not  much  of  approbation,  I  fear  ;  I  must  be  con 
tent  to  ward  off  censure.  However,  I  shall  oppose  myself  to  these 
risques  without  shrinking,  and  make  the  motives  atone  for  miscarriages 
in  the  execution. 

"  I  am  also  to  thank  you  for  the  '  Travels  of  General  Chastellux.' 
Except  in  his  observations  on  the  Natural  Bridge,  he  perhaps  has  lost 
by  this  composition  the  rank  which  he  deservedly  acquired  by  his 
essay  on  Public  Felicity.  I  will  return  them  by  Dr.  Stewart. 

"  Upon  leaving  Mount  Vernon  we  were  alarmed  at  the  intelligence 
from  almost  every  watercourse.  Our  real  wish  was  to  go  back,  but  the 
horror  of  meeting  the  General  Court  unprepared  put  every  other  con 
sideration  to  flight. 

"  The  part  which  I  prepared  to  take  in  your  affair  with  the  Kites 
would  have  been  perfectly  consistent  with  my  duty  to  them.1  But  my 
new  arrangement  has  rendered  it  unnecessary  to  enter  now  into  the 
detail,  as  my  lips  are  closed  as  to  a  profession  which  from  the  earliest 
moment  of  my  life  I  abominated,  and  from  which  I  was  determined  to 
escape  as  soon  as  I  was  possessed  of  a  competency. 

"  On  Friday,  December  i,  I  shall  become  a  member  of  the  Executive. 
During  my  existence  as  such  I  shall  trouble  you  with  many  communi 
cations." 

Washington  endorses  this  letter  "  From  his  Excellency, 
Edmund  Randolph."  Perhaps  it  may  be  regarded  as  unique  in 
the  annals  of  gubernatorial  dignity  to  find  a  newly  elected  gov 
ernor,  of  thirty-three  years,  describing  himself  as  "  a  member  of 
the  executive." 

Randolph  entered  on  his  difficult  duties  with  a  boundless  popu 
larity.  The  call  for  a  national  convention  was  before  the  country, 
and  there  was  as  yet  no  sharply  defined  partition  between  the 

1  The  great  case  of  Kite  et  al.  v.  Fairfax  (Call's  Rep.  IV.)  was  carried  by  Ran 
dolph  against  Lord  Fairfax,  who  claimed  vast  lands,  under  the  grant  of  the  Northern 
Neck  to  Lord  Culpepper,  some  of  which  had  not  even  been  discovered  when  the 
royal  grant  was  made.  Washington's  estates  were  involved. 


THE   ORIGIN  OF  ANTI-FEDERALISM.  6l 

leading  Virginians  on  the  question  of  relative  Federal  and  State 
powers.  The  following  letter  from  Mann  Page  (of  Fredericks- 
burg)  to  Richard  Henry  Lee  (14  December  1784)  fairly  repre 
sented  the  feeling  of  the  ablest  Virginians : 

"  I  think  it  would  be  wise  in  Congress  to  recommend  to  the  States 
the  calling  of  a  Convention  for  the  sole  purpose  of  amending  the  Con 
federation.  At  present  the  Supreme  Council  of  the  Union  is  so  feeble 
that  they  have  no  weight  in  government.  Their  recommendations  are 
slighted,  and  their  wisest  plans  are  subject  to  be  rejected,  by  any  one 
petty  insignificant  State  refusing  to  accept  them.  Besides  I  see  no 
danger  in  making  the  experiment,  as  we  are  not  obliged  to  part  with 
the  old  Confederation  till  the  new  is  adopted.  Bad  as  the  present  one 
is,  I  would  not  wish  to  lose  it,  but  would  willingly  exchange  it  for  a 
better."1 

The  first  check  to  this  general  feeling  occurred  in  the  summer 
of  1786,  when  the  Jay-Gardoqui  treaty,  for  occlusion  of  the  Mis 
sissippi,  was  rumored, — a  matter  in  which  Virginia,  of  which  Ken 
tucky  was  a  part,  was  intensely  interested.  From  that  time  Patrick 
Henry,  who  ruled  the  heart  of  his  State,  became  jealous  of  federal 
power,  and  he  watched  the  proceedings  at  Annapolis  for  a  com 
mercial  union  with  suspicion.  But  he  and  Randolph  were  cordial 
friends;  and  on  the  Mississippi  question  Virginia  was  a  unit. 
Richard  Henry  Lee,  sore  under  his  defeat,  was  conciliated  by 
Randolph,  who  secured  his  appointment  to  the  Convention  at 
Philadelphia.  Indeed  the  selection  of  the  Virginian  members 
was  mainly  that  of  the  Governor.  With  characteristic  impartial 
ity  he  nominated  men  of  anti-federal  tendencies  to  offset  the  fed 
eralism  of  himself  and  others. 

The  student  of  our  constitutional  history,  looking  back  through 
the  vista  of  a  century,  sees  in  the  chain  of  causes  that  led  to  our 
Union  two  links  especially  salient ;  one  was  the  Annapolis  Con 
vention,  which  convinced  men  representing  divergent  views  and 

1  Lee  Papers,  Univ.  of  Va. 


62  EDMUND  RANDOLPH. 

interests  that  they  should  unite  for  mutual  aid  ;  the  other  was  the 
consent  of  Washington  to  attend  the  Philadelphia  Convention, 
securing  for  its  work  the  sanction  of  his  powerful  name.  Both  of 
these  were  primarily  due  to  Randolph.  Two  months  before  the 
Convention  met,  Washington  was  firm  in  his  refusal  to  attend, — 
because  of  a  previous  refusal  to  meet  with  the  "  Cincinnati "  at 
Philadelphia  in  the  same  month, — but  yielded  to  the  Governor's 
entreaties. 

The  following  correspondence  reveals  part  of  the  unrecognized 
debt  which  the  American  Union  owes  to  Edmund  Randolph. 

"MOUNT  VERNON,  19  Nov.  1786. — I  thank  you  for  the  interesting 
communications  in  both  [letters].  It  gives  me  sincere  pleasure  to  find 
that  the  proceedings  of  the  present  assembly  are  marked  with  wisdom, 
liberality,  and  justice.  These  are  the  surest  walks  to  public  and  private 
happiness,  the  display  of  which  by  so  reputable  a  part  of  the  Union,  at 
so  important  a  crisis,  will,  I  hope,  be  influential  and  attended  with 
happy  consequences. 

"  However  delicate  the  revision  of  the  federal  system  may  appear,  it 
is  a  work  of  indispensable  necessity.  The  present  Constitution  is  in 
adequate.  The  superstructure  totters  to  its  foundation,  and  without 
helps  will  bury  us  in  its  ruins.  Although  I  never  more  intended  to 
appear  on  a  public  theatre,  and  had  in  a  public  manner  bidden  adieu  to 
public  life,  yet,  if  the  voice  of  my  country  had  called  me  to  this  impor 
tant  duty,  I  might,  in  obedience  to  the  repeated  instances  of  its  affec 
tion  and  confidence,  have  dispensed  with  these  objections.  But  another 
now  exists  which  would  render  my  acceptance  of  this  appointment 
impracticable  with  any  degree  of  consistency.  It  is  this.  The  triennial 
general  meeting  of  the  Society  of  the  Cincinnati  is  to  be  holden  in 
Philadelphia,  the  first  of  May  next.  Many  reasons  combining — some 
of  a  public,  some  of  a  private  nature — to  render  it  unpleasing  and  in 
convenient  for  me  to  attend  it,  I  did,  on  the  3ist  ult.  address  a  circular 
letter  to  the  State  Society  informing  them  of  my  intention  not  to  be 
there,  and  desiring  that  I  might  no  longer  be  rechosen  President.  The 
Vice-President  (Gates)  has  also  been  informed  thereof,  that  the  busi 
ness  of  the  meeting  might  not  be  impeded  on  account  of  my  absence. 
Under  these  circumstances  I  could  not  be  in  Philadelphia  precisely  at 
the  same  moment  on  another  occasion  without  giving  offence  to  a  worthy 


THE  VIRGINIA   DELEGATION.  63 

and  reputable  part  of  the  American  community, — the  late  officers  of  the 
American  Army."  : 

Gov.  Randolph  to  Washington,  with  a  copy  of  his  appointment 
and  of  the  Act : 

"RICHMOND,  6  December  1786. — By  the  enclosed  Act  you  will 
readily  discover  that  the  Assembly  are  alarmed  at  the  storms  which 
threaten  the  United  States.  What  our  enemies  have  foretold  seems  to 
be  hastening  to  its  accomplishment,  and  cannot  be  frustrated  but  by 
an  instantaneous,  zealous,  and  steady  union  among  the  friends  of  fed 
eral  government.  To  you  I  need  not  press  our  present  dangers.  The 
inefficiency  of  Congress  you  have  often  felt  in  your  official  character  ; 
the  increasing  languor  of  our  associated  republics  you  hourly  see  ; 
and  a  dissolution  would  be  I  think  to  you  a  source  of  the  deepest  mor 
tification.  I  freely  then  entreat  you  to  accept  the  unanimous  appoint 
ment  of  the  General  Assembly  to  the  Convention  at  Philadelphia.  For 
the  gloomy  prospect  still  admits  one  ray  of  hope  that  those  who  began, 
carried  on,  and  consummated  the  revolution  can  yet  rescue  America 
from  the  impending  ruin." 

At  the  same  time,  6  Dec.  the  following  were  written. 
Gov.  Randolph  to  Patrick  Henry. 

"  Under  the  sanction  of  the  enclosed  Act  and  resolution,  I  am  offi 
cially  to  request  what  as  a  citizen  I  most  sincerely  wish — your  presence 
at  the  Foederal  Convention  in  Philadelphia.  From  the  experience  of 
your  late  administration,  you  must  be  persuaded  that  every  day  dawns 
with  perils  to  the  United  States.  To  whom  then  can  they  resort  for 
assistance  with  firmer  expectations,  than  to  those  who  first  kindled  the 
revolution  ?  In  this  respectable  character  you  are  now  called  upon  by 
your  country.  You  will  therefore  pardon  me  for  expressing  a  fear  that 
the  neglect  of  the  present  moment  may  terminate  in  the  destruction  of 
Confederate  America." 

1  MS.  Dreer  Collection.  With  regard  to  the  Cincinnati,  it  is  probable  that  Wash 
ington  shared  the  misgivings  expressed  by  Randolph  in  a  note  written  13  Sept.  1783: 
"  The  Society  of  the  Cincinnati  have  for  their  object  what  is  truly  laudable  ;  but  at 
some  distant  day  may  it  not  be  abused  from  its  present  praiseworthy  views  to  some 
thing  profitable  ?  Is  it  not  a  mode  of  assembling  on  any  occasion  those  who  belong 
to  the  army,  from  North  to  South,  and  to  keep  alive  a  distinction  between  the  citizen 
and  soldier  ?  Much  better  would  it  have  been  for  the  several  States  to  do  justice  to 
their  officers,  and  thus  to  render  an  association  for  the  support  of  their  families 
unnecessary."  (MS.)  Randolph  was  an  honorary  member  of  the  society. 


64  EDMUND  RANDOLPH. 

Brief  notifications,  each  with  its  cordial  word,  were  sent  to  other 
delegates,  and  the  following  to  the  Executives  of  the  States  : 

"  Sir,  My  anxiety  for  the  well-being  of  the  federal  government  will 
not  suffer  me  to  risque  so  important  a  consideration  upon  the  safety  of 
a  single  letter.  Your  Excellency  will  therefore  excuse  me  for  again  in 
truding  on  you  with  the  enclosed  Act  of  our  Legislature,  and  repeat 
ing  the  request  urged  in  my  letter  of  the  ist  inst.  that  you  would  give 
a  zealous  attention  to  the  present  American  crisis. 

"  The  Gentlemen  appointed  by  Virginia  for  the  Convention  at  Phil 
adelphia  are,  General  Washington,  Mr.  Patrick  Henry  the  late  Gov 
ernor,  Mr.  George  Wythe  and  Mr.  John  Blair  two  of  the  Judges  of  the 
High  Court  of  Chancery,  Mr.  James  Madison  junr  a  member  of  Con 
gress,  Mr.  George  Mason  a  member  of  the  Legislature,  and  myself."  * 

Washington  to  Randolph. 

"  MOUNT  VERNON  21  Dec.  1786. — I  had  not  the  honor  of  receiving 
your  Excellency's  favor  of  the  6th  inst.  until  last  night.  Sensible  as  I 
am  of  the  honor  conferred  on  me  by  the  General  Assembly  in  appointing 
me  one  of  the  Deputies  to  a  Convention  proposed  to  be  held  in  the  city 
of  Philadelphia  in  May  next  for  the  purpose  of  revising  the  Federal  Con 
stitution,  and  desirous  as  I  am  on  all  occasions  of  testifying  a  ready 
obedience  to  the  calls  of  my  country,  yet,  sir,  there  exist  at  this  moment 
circumstances  which  I  am  persuaded  will  render  my  acceptance  of  this 
fresh  mark  of  confidence  incompatible  with  other  measures  I  had  pre 
viously  adopted  ;  and  from  which,  seeing  little  prospect  of  disengaging 
myself,  it  would  be  disingenuous  not  to  express  a  wish  that  some  other 
character,  on  whom  greater  reliance  can  be  had,  may  be  substituted  in 
my  place, — the  probability  of  my  non-attendance  being  too  great  to 
continue  my  appointment. 

"  As  no  mind  can  be  more  impressed  than  mine  is  with  the  awful  sit 
uation  of  our  affairs, — resulting  in  a  great  measure  from  the  want  of 
official  powers  in  the  federal  head,  and  due  respect  to  its  ordinances — 
so  consequently  those  who  do  engage  in  the  important  business  of  re 
moving  these  defects  will  carry  with  them  every  good  wish  of  mine 
which  the  best  diposition  towards  the  attainment  can  bestow.  I  have 
the  honor,  etc." 

1  A  hundred  pounds  was  voted  for  each  of  the  delegates,  and  a  vessel  ordered  to 
convey  those  residing  at  Williamsburg, — Blair  and  Wythe. 


MADISON'S  MISGIVINGS.  6$ 

Randolph  to  Washington. 

"  RICHMOND,  4  Jan.  1787. — Although  compelled  by  duty  to  lay 
before  the  Council  your  answer  to  my  notification  of  your  appointment 
to  Philadelphia,  I  was  happy  to  find  them  concurring  with  me  in  the 
propriety  of  entreating  you  not  to  decide  on  a  refusal  immediately." 

Randolph  to  Madison. 

"  RICHMOND,  i  March  1787. — The  documents  to  be  forwarded  to  you 
in  my  public  letter  will  prove  the  truth  of  your  suspicion  that  the  occlu 
sion  of  the  Mississippi  to  Virginia  would  throw  the  Western  settlers  into 
an  immediate  state  of  hostility  with  Spain.  If  the  subject  be  canvassed  it 
will  not  be  sufficient  to  negative  it  merely  ;  but  a  negative  with  some 
emphasis  can  alone  secure  Mr.  Henry  to  the  objects  of  the  Convention 
at  Philadelphia.  I  have  assayed  every  means  to  prevail  on  him  to  go 
thither.  But  he  is  peremptory  in  refusing,  as  being  distressed  in  his 
private  circumstances.  General  Washington  will  be  pressed  again  and 
again  ;  but  I  fear  ineffectually.  My  present  office  is  replete  with  em 
ployment." 

Madison,  while  deeming  it  essential  that  Washington's  name 
should  crown  the  delegation,  "  as  a  mark  of  the  earnestness  of 
Virginia  and  an  invitation  to  the  most  select  characters  from 
every  part  of  the  Confederacy,"  did  not  think  he  (Washing, 
ton)  should  attend  personally,  without  regard  to  contingencies. 
"  Would  it  not,"  he  wrote  to  Randolph,  "  be  well  for  him  to  post 
pone  his  actual  attendance  until  some  judgment  can  be  formed  of 
the  result  of  the  meeting?  It  ought  not  to  be  wished  by  any  of 
his  friends  that  he  should  participate  in  an  abortive  proceeding." 

He  wrote  in  this  tone  to  Washington  also,  who  had  been  still 
more  embarrassed  by  a  letter  from  Gen.  Horatio  Gates  (19  Jan. 
1787),  entreating  him  to  continue  president  of  the  Cincinnati, 
and  to  attend  their  meeting  of  May  2.  Randolph,  convinced 
that  Washington's  presence  in  the  Convention  would  assure  suc 
cess,  continued  his  efforts. 

Randolph  to  Madison. 

"  RICHMOND,  7  March  1787. — Why  has  Congress  changed  the  day  for 
meeting  in  Phila  ?  I  rejoice  at  the  alteration  ;  because  it  removes  the 


66  EDMUND  RANDOLPH. 

terror  on  my  spirits  that  the  prospect  of  my  departure  from  home, 
gravidd  uxore,  has  been  raising  in  my  mind.  I  wish  it  could  be  post 
poned  still  later  in  the  month,  that  I  might  carry  her  with  me.  I  have 
communicated  the  alteration  of  the  day  to  the  deputies,  and  to-morrow 
press  in  earnest  terms  our  friend  at  Mt.  Vernon  to  assent  to  join  us." 

Randolph  to  Madison. 

"RICHMOND,  22  March  1787. — Genl.  Nelson  refuses  to  join  us. 
Col.  R.  H.  Lee  has  been  appointed  in  his  stead.  This  seemed  proper 
from  the  conspicuousness  of  the  character,  and  the  respect  due  to  past 
services.  The  objection  to  his  unfederal  opinions  was  so  urgently  pressed 
that  the  council  consisting  of  eight  were  equally  divided.  I  gave  the  de 
cision  from  a  hope  that  himself  and  his  friends  might  be  attached  to  the 
Union  on  those  principles  which  can  alone  support  it.  Should  Mr.  Lee 
refuse  or  another  vacancy  happen,  no  other  appointment  will  be  made." 

Randolph  to  Washington. 

"  RICHMOND,  22  March  1787. — I  must  call  upon  your  friendship  to 
excuse  me  for  again  mentioning  the  Convention  at  Philadelphia.  Your 
determination  having  been  fixed  on  a  thorough  review  of  your  situation, 
I  feel  like  an  intruder  when  I  again  hint  a  wish  that  you  could  join  the 
Delegation.  But  every  day  brings  forth  some  new  crisis,  and  the  Con 
federation  is,  I  fear,  the  last  anchor  of  our  hope.  Congress  have  taken 
up  the  subject  and  appointed  the  second  Monday  in  May  next  as  the 
day  of  meeting.  Indeed  from  my  private  correspondence  I  doubt 
whether  the  existence  of  that  body  through  the  year  may  not  be  ques 
tionable  under  the  present  circumstances." 

Washington  to  Randolph. 

"MOUNT  VERNON,  18  March  1787. — Your  favor  of  the  nth  did 
not  come  to  my  hand  till  the  24th,  and  since  then  till  now  I  have  been 
too  much  indisposed  to  acknowledge  the  receipt  of  it.  To  what  cause 
to  ascribe  the  detention  of  the  [letter]  I  know  not,  as  I  never  omit 
sending  once,  and  oftener  thrice  a  week,  to  the  P.  O.  at  Alexandria. 

"  It  was  the  decided  intention  of  the  letter  I  had  the  honor  of 
writing  to  your  Excellency  the  2ist  of  Dec.  last  to  inform  you  that  it 
would  not  be  convenient  for  me  to  attend  the  Convention  proposed  to 
be  holden  in  Philadelphia  in  May  next  ;  and  I  had  entertained  hopes 
that  another  had  been,  or  soon  would  be,  appointed  in  my  place,  inas 
much  as  it  is  not  only  inconvenient  to  me  to  leave  home,  but  because 


WASHINGTON  CONSENTS.  6? 

there  will  be,  I  apprehend,  too  much  cause  to  charge  my  conduct  with 
inconsistency  in  again  appearing  on  a  public  theatre  after  a  public 
declaration  of  the  contrary  ;  and  because  it  will,  I  fear,  have  a  tendency 
to  sweep  me  back  into  the  tide  of  public  affairs,  when  retirement  and 
ease  is  so  essentially  necessary  for,  and  is  so  much  desired  by,  me. 
However,  as  my  friends,  with  a  degree  of  solicitude  which  is  unusual, 
seem  to  wish  my  attendance  on  the  occasion,  I  have  come  to  a  resolu 
tion  to  go,  if  my  health  will  permit,  provided,  from  the  lapse  of  time 
between  your  Excellency's  letter  and  this  reply,  the  Executive  may 
not — the  reverse  of  which  would  be  highly  pleasing  to  me — have  turned 
its  thoughts  to  some  other  character  : — for,  independently  of  all  other 
considerations,  IJiave  of  late  been  so  much  afflicted  with  a  rheumatic 
complaint  in  my  shoulder,  that  at  times  I  am  hardly  able  to  raise  my 
hand  to  my  head,  or  turn  myself  in  bed.  This  consequently  might 
prevent  my  attendance,  and  eventually  a  representation  of  the  State, 
which  would  afflict  me  more  sensibly  than  the  disorder  which  occa 
sioned  it. 

"  If,  after  the  expression  of  these  sentiments,  the  Executive  should 
consider  me  as  one  of  the  delegates,  I  would  thank  your  Excellency 
for  the  earliest  advice  of  it ;  because  if  I  am  able,  and  should  go  to 
Philadelphia,  I  shall  have  some  previous  arrangements  to  make,  and 
would  set  off  for  that  place  the  first  or  second  day  of  May,  that  I  may 
be  there  in  time  to  account  personally  for  my  conduct  to  the  general 
meeting  of  the  Cincinnati,  which  is  to  convene  on  the  first  Monday  of 
that  month.  My  feelings  would  be  much  hurt  if  that  body  should 
otherwise  ascribe  my  attendance  on  the  one  and  not  on  the  other  occa 
sion  to  a  disrespectful  inattention  to  the  Society,  when  the  fact  is  that 
I  ever  retain  the  most  lively  and  affectionate  regard  for  the  members  of 
which  it  is  composed,  on  account  of  their  attachment  to  and  uniform 
support  of  me  upon  many  trying  occasions,  as  well  as  on  account  of 
their  public  virtues,  patriotism,  and  sufferings. 

"  I  hope  your  Excellency  will  be  found  among  the  attending  Dele 
gates.  I  should  be  glad  to  be  informed  who  the  others  are,  and  cannot 
conclude  without  once  more,  and  in  emphatical  terms,  praying  that  if 
there  is  not  a  decided  representation  in  prospect  without  me,  that 
another,  for  the  reason  I  have  assigned,  may  be  chosen  in  my  room 
without  ceremony  and  without  delay  ;  for  it  would  be  unfortunate  in 
deed,  if  the  State  which  was  the  mover  of  the  Convention  should  be  un 
represented  in  it.  With  great  respect,  I  have  the  honor  to  be."  ' 

1  Dreer  Collection.     Printed  by  Sparks,  with  important  omissions. 


68  EDMUND  RANDOLPH. 

Randolph  to  Washington. 

"  RICHMOND,  2  April  1787. — Solicitous  as  I  am  for  your  aid  at  Phila 
delphia,  I  could  not  prevail  upon  myself  and  wish  you  to  go  unless 
your  health  could  fully  permit.  But  indeed,  my  dear  sir,  every  thing 
travels  so  fast  to  confusion,  that  I  trust  one  grand  effort  will  be  made 
by  the  friends  of  the  United  States.  There  is,  indeed,  a  decided  pros 
pect  of  a  representation  ;  and  the  board  have  permanently  determined 
not  to  fill  up  another  vacancy.  The  members  now  in  nomination  are 
besides  yourself,  Mr.  Madison,  Mr.  Mason,  Mr.  Wythe,  Mr.  Blair,  R. 
H.  Lee,  and  myself. 

"  You  will  oblige  me  by  saying  how  I  shall  forward  the  money  to  be 
advanced  by  the  Treasury.  You  recollect  that  Congress  have  altered 
the  day  of  meeting  to  the  141)1  of  May,  at  which  time  I  propose  to  take 
you  by  the  hand." 

Various  interesting  matters  occupied  the  Governor  up  to  the 
hour  of  his  departure  for  Philadelphia.  He  issues  notification 
(6  Dec.  1786)  to  the  friends  of  James  Mercier:  "  James  Mercier,, 
who  has  probably  been  long  considered  as  dead,  is  yet  alive,  and 
may  soon  return  to  you.  For  some  time  he  has  been  a  slave  in 
Arabia,  but  lately  redeemed  by  the  American  Consul."  He 
informs  the  Speaker  that  the  Marquis  de  la  Fayette  and  Mr. 
Jefferson  are  industriously  employed  in  directing  the  preparation 
of  our  military  stores."  But  "  there  will  be  a  deficiency  in  the 
sum  voted,  from  appropriations  which  he  [Jefferson]  has  made  of 
a  part  of  it  to  other  public  uses."  Further  appropriation  is  re- 
required  for  a  bust  of  Lafayette. 

James  McClurg  is  appointed  April  5  to  the  Philadelphia  Con 
vention,  Lee  having  declined. 

On  15  March  1787  more  weighty  matters  are  submitted  to 
the  House  of  Delegates  : 

"  The  complaints  of  our  merchants  against  the  pressures  of  the  late 
laws  of  trade  have  formed  a  distressing  picture  of  our  commerce.  Yes 
terday  was  handed  to  me  an  address  in  folio  from  the  mercantile  interest 
at  Norfolk,  representing  among  a  gloomy  group  instances  of  vessels 
having  touched  in  Virginia  and  immediately  abandoning  it  for  Mary- 


INDIAN  TALK.  69 

land.  Unfortunately  too  they  were  not  acquainted  with  a  tax  of  6d 
per  month  on  Virginia  seamen  alone  for  the  payment  of  annuities  to  the 
widows  of  sailors  registered,  and  the  necessity  of  incurring  a  fee  of 
pilotage,  even  for  the  smallest  sea  vessels.  The  law  imposing  the  6d  be 
ing  of  the  revised  code,  and  having  passed  in  Oct.  1785,  crept  into  ex 
istence  unthought  of  at  the  last  session,  while  the  assembly  were  accu 
mulating  duties  ;  and  the  fee  of  pilotage  was  certainly  unknown  to  be 
capable  of  such  desolation  in  our  small  shipping." 

He  reports  the  militia  in  a  bad  condition,  and  fears  that  "  ener 
gy  will  be  long  a  stranger  to  our  efforts  unless  the  legislature  will 
surrender  popular  men  in  favor  of  able  and  experienced  officers." 
"  Every  day  brings  some  apprehensions  of  an  attack  on  Kentucky. 
We  can  assist  them  no  farther  than  to  furnish  them  with  blank 
commissions  for  officering  the  militia." 

Meanwhile  Gov.  Randolph  sends  the  Western  Indians  his 
"  Indian  Talk." 

"Brother: 

"  I  never  heard  until  this  moment  that  a  number  of  your  people  have 
been  lately  killed  by  some  white  men  between  Clinch  River  and  Cum 
berland  Mountain. 

"  If  I  could  open  my  heart  to  your  eyes,  you  would  behold  it  bleed 
ing  for  your  sufferings.  It  is  torn  asunder  when  I  am  informed  you 
accuse  Virginians  of  this  wicked  deed.  But  I  pray  to  the  great  God 
who  permits  the  sun  to  nourish  with  its  warmth  our  tree  of  peace,  that 
the  hands  of  my  countrymen  may  be  found  as  spotless  as  the  newly 
fallen  snow. 

"  Brother,  hearken  to  my  sayings,  and  let  these  words  of  friendship 
sink  deep  into  your  soul. 

"  I  will  immediately  direct  a  strict  inquiry  to  be  made  into  this  affair, 
Whosoever  shall  appear  to  be  stained  with  blood,  let  them  be  great  or 
small,  rich  or  poor,  justice  shall  be  done  upon  them,  that  our  covenant 
chain  may  remain  as  bright  as  silver,  and  your  tears  may  be  dried  up. 
Why  should  we  go  to  war  ?  In  the  year  1781  we  threw  the  axe  into  the 
pit,  covered  it  with  earth  and  stood  hard  upon  it.  If  I  had  chosen  to 
dig  up  the  earth,  and  again  to  raise  it  from  the  pit,  I  might  have  de 
manded  satisfaction  for  the  murders  committed  last  October  on  the 
Kentucky  path,  and  for  the  burning  of  the  women  who  were  prisoners 
in  the  Chickamogga  towns.  But  I  thought  it  better  to  believe  that 


yO  EDMUND  RANDOLPH. 

these  monstrous  cruelties  were  hated  by  you  because  you  are  brave.  I 
therefore  put  a  large  and  heavy  stone  upon  the  earth  which  covered 
the  axe.  You  must  also  act  in  this  manner,  because  I  will  have  those 
punished  who  may  be  discovered  to  be  guilty.  Brother,  remember 
above  all  things  what  I  now  say  to  you  ;  tell  all  your  head  men  this  my 
friendly  talk.  Invite  them  to  join  with  me  and  make  our  affections  as 
strong  as  the  mountain  which  no  storm  can  shake.  If,  however,  what 
now  comes  from  my  mouth  should  pass  through  your  ears  without  rest 
ing  in  your  hearts,  and  you  kill  or  injure  the  property  of  the  Virgini 
ans,  I  shall  be  obliged  to  let  their  vengeance  loose  upon  you,  and  carry 
the  Tomahawk  and  fire  into  all  your  habitations.  But  I  am  sure 
you  will  not  break  one  link  in  the  chain.  I  expect  you  will 
send  me  in  return  a  long  and  friendly  answer.  Let  no  secret  in  your 
"bosom  be  concealed  from  me.  I  will  then  cut  up  all  thorns  which 
grow  in  the  path  between  us,  and  make  it  easy  and  safe  for  us  to  travel 
it  together  as  brothers." 

To  Col.  John  Logan  the  Governor  writes,  I  May  1787: 

"  The  late  expedition  against  the  Indians  said  to  have  been  under 
your  command  has  made  an  impression  disadvantageous  to  the  char 
acter  of  this  Commonwealth.  I  do  not  undertake  to  determine  how 
the  fact  stands.  But  as  the  Attorney  of  Kentucky  has  been  written  to 
according  to  the  inclosed  letter,  I  thought  it  my  duty  to  give  you  infor 
mation  of  what  had  been  reported  to  us." 

About  this  time  Col.  Crockett's  application  for  militia  to 
range  the  frontiers  is  refused.  A  Cherokee  woman,  discovered 
to  have  been  kept  as  a  prisoner  twelve  years,  is  liberated  and  re 
stored  to  her  people.  The  Indians  had  peace  in  Randolph's  time. 


CHAPTER  IX. 

RANDOLPH'S  DRAFT  OF  A  CONSTITUTION. 

ON  the  27  March  1787  Governor  Randolph  wrote  from  Rich 
mond  to  James  Madison,  as  follows : 

"  I  have  turned  my  mind  somewhat  to  the  business  of  May  next,  but 
am  hourly  interrupted.  At  present  I  conceive  : 

"  i.  That  the  alterations  should  be  grafted  on  the  old  Confederation, 

"  2.  What  is  best  in  itself,  not  merely  what  can  be  obtained  from  the 
Assemblies,  be  adopted. 

"  3.  That  the  points  of  power  to  be  granted  be  so  detached  from  each 
other,  as  to  permit  a  State  to  reject  one  part,  without  mutilating  the 
whole. 

"  With  these  objects,  ought  not  some  general  propositions  to  be  pre 
pared  for  feeling  the  pulse  of  the  Convention  on  the  subject  at  large  ? 
Ought  not  an  address  to  accompany  the  new  Constitution  ?  " 

To  this  Madison  replied  (from  New  York,  8  April :) 

"  I  am  glad  to  find  that  you  are  turning  your  thoughts  towards  the 
business  of  May  next  ...  I  think,  with  you,  that  it  will  be  well  to  re 
tain  as  much  as  possible  of  the  old  Confederation  ...  I  am  also  per 
fectly  of  your  opinion  that,  in  framing  a  system,  no  material  sacrifices 
ought  to  be  made  to  local  or  temporary  prejudices.  An  explanatory 
address  must  of  necessity  accompany  the  result  of  the  Convention  on 
the  main  object.  I  am  not  sure  that  it  will  be  practicable  to  present 
the  several  parts  of  the  reform  in  so  detached  a  manner  to  the  States,  as 
that  a  partial  adoption  will  be  binding." 

Four  years  before,  Randolph  had  been  searching  about  the 
fundamental  principles  of  a  constitution.  I  find  a  note  of  7 
March  1783,  in  which  a  constitution  is  defined  as  "a  compact  in 
which  the  people  themselves  are  the  sole  parties,  and  which  they 

71 


72  EDMUND  RANDOLPH. 

alone  can  abrogate  ;  delineating  the  degree  to  which  they  have 
parted  with  legislative,  executive,  and  judiciary  power,  as  well  as 
prescribing  how  far  each  of  the  simple  forms  of  government  is  to 
be  pursued  in  acts  of  legislation."  He  hopes  at  Philadelphia  to 
secure  commercial  and  financial  uniformity  for  the  colonies,  under 
central  management  and  responsibility.  The  reign  of  paper 
money  must  end  at  Philadelphia — paper  money,  which  he  de 
scribes  as  an  "  asylum  opened  in  the  temple  of  Fraud."  For 
years  he  had  fought  it  in  Virginia,  but  from  every  blow  it  has  "  a 
daily  resurrection."  The  clamor  for  paper  money  is  in  order  to 
pay  off  British  debts,  as  provided  for  by  a  treaty  which  the  Brit 
ish  refuse  to  fulfill  while  the  debts  are  unpaid.  Randolph  feels 
that  these  debts  must  be  dealt  with  at  Philadelphia,  and  writes 
to  Madison  (from  Richmond,  4  April  1787) : 

"  But  does  the  establishment  of  the  treaty  as  a  law  provide  certainly 
for  the  recovery  of  the  debts  ?  Ought  it  not  be  paramount  to  law  ;  or 
at  least  to  be  one  of  those  laws  which  are,  in  my  opinion,  beyond 
repeal,  from  being  combined  with  a  compact  ?  Again,  how  will  the 
Virginia  debts  not  reduced  to  specialties  be  proved  ?  The  declaring  of 
the  treaty  to  be  a  law  will  not  revive  the  5  Geo.  i." 

At  the  close  of  the  Constitutional  Convention  of  1787,  its 
secretary,  William  Jackson,  made  a  holocaust  of  the  papers  on  his 
table.  Many  documents  of  historic  value  so  perished.  For 
tunately  there  were  some  who  realized  what  momentous  history 
was  made  in  those  months,  and  among  these  was  George  Mason, 
of  Gunston  Hall.  By  the  kindness  of  one  of  his  descendants,  I 

1  "  The  clamor  for  paper  money  is  very  loud  in  different  parts  of  the  country  ;  and 
the  views  of  the  advocates  for  the  emission  are  not  carried  to  the  same  objects.  The 
payment  of  the  military  debt  is  the  final  cause  with  some,  the  increase  of  a  circulating 
medium  with  others,  and  the  discharge  of  British  demands  with  a  numerous  class. 
At  this  moment  the  report  of  paper  money  seems  to  have  locked  up  the  specie,  thus 
lending  a  fresh  plausibility  for  attempting  to  augment  the  medium  by  paper. 
Whether  a  conference  between  the  friends  of  paper  money  will  produce  union  I  can 
not  undertake  to  foretell  ;  but  some  of  the  most  strenuous  are  violently  opposed  to 
the  quality  of  a  tender.  From  this  division,  if  continued,  I  argue  the  downfall  of 
the  scheme." — Letter  to  Arthur  Lee,  24  Sept.  1788.  (MS.)  Lee  papers,  Univ.  Va. 


DRAFT  OF  A    CONSTITUTION.  73 

have  access  to  his  papers,  and  among  them  find  one  of  extreme 
interest — the  draught  of  a  national  constitution  by  Edmund 
Randolph. 

This  scheme  cannot  be  compared  with  the  resolutions  intro 
duced  by  Randolph  as  leader  of  the  Virginia  delegation,  of  which, 
as  he  said,  "  details  made  no  part."  This  document  is  one  of 
details  as  well  as  general  principles,  and  covers  nine  folio  pages  in 
Randolph's  small  handwriting.  It  has  evidently  been  used  in 
Committee  of  Detail,  each  item  being  ticketed  off  when  disposed 
of.  There  are  numerous  erasures  and  interpolations,  with  notes 
which  I  at  first  supposed  to  be  by  his  colleague,  James  McClurg,1 
but  which  the  careful  investigation  of  my  friend  Paul  Ford 
prove  to  be  by  Edward  Rutledge.  There  are  indications  of 
blank  spaces  left  to  be  filled  in  Philadelphia.  At  one  point  the 
first  legislative  branch  is  styled  "  House  of  Delegates,"  at  another, 
"  House  of  Representatives,"  and  there  are  other  vestiges  of 
the  development  of  the  scheme  as  the  Convention  proceeded. 

The  title  "  House  of  Delegates  "  is  one  of  several  indications 
that  the  Governor  began  on  the  basis  of  the  Virginia  Constitu 
tion — the  first  republican  constitution  ever  written, — which  he 
helped  to  frame  in  his  twenty-third  year.  Now,  in  his  thirty- 
fourth  year,  he  was  Administrator  of  the  State  he  had  helped  to 
found, — the  State  to  which,  John  Adams  said,  all  looked  up  for  ex 
amples.  Randolph's  alterations  of  his  draft,  suggesting  consulta 
tions  with  one  and  another  leader,  the  compulsory  modifications, 
the  Rutledge  notes,  make  this  old  document  in  some  sort  a  com 
posite  Constitution. 

The  instrument  opens  with  suggestions  of  a  general  kind. 
"  In  the  draught  of  a  fundamental  constitution  two  things  de 
serve  attention.  I.  To  insert  essential  principles  only,  lest  the 
operations  of  government  should  be  clogged  by  rendering  those 
provisions  permanent  and  unalterable  which  ought  to  be  accom- 

1  Scribner's  Magazine,  Sept.,  1887. 


74  EDMUND  RANDOLPH. 

modated  to  times  and  events.  2.  To  use  simple  and  precise  lan 
guage,  and  general  propositions,  according  to  the  example  of  the 
constitutions  of  the  several  states. 

"  i.  A  Preamble  seems  proper.  Not  for  the  purpose  of  designating 
the  ends  of  government  and  human  politics  :  this  display  of  theory, 
however  proper  in  the  first  formation  of  states'  governments,  is  unfit 
here  ;  since  we  are  not  working  on  the  natural  rights  of  men  not  yet 
gathered  into  society,  but  upon  those  rights  modified  by  society,  and 
interwoven  with  what  we  call  the  rights  of  states.  Nor  yet  is  it  proper 
for  the  purpose  of  mutually  pledging  the  faith  of  the  parties  for  the  ob 
servance  of  the  articles  :  this  may  be  done  more  solemnly  at  the  close 
of  the  draught,  as  in  the  Confederation.  But  the  object  of  our  Pream 
ble  ought  to  be  briefly  to  declare  that  the  present  federal  government 
is  insufficient  to  the  general  happiness  ;  that  the  conviction  of  this  fact 
gave  birth  to  this  Convention  ;  and  that  the  only  effectual  mode  which 
they  can  devise  for  curing  this  inefficiency  is  the  establishment  of  a 
supreme  legislative,  executive,  and  judiciary.  Let  it  be  next  declared 
that  the  following  are  the  Constitution  and  fundamentals  of  govern 
ment  for  the  United  States.  After  this  introduction  let  us  proceed  to 
the 

"  2.  First  resolution.     This  resolution  involves  these  particulars  : 

1.  The  style  of  the  United  States,  which  may  continue  as  it  now  is. 

2.  A  declaration  that  the  supreme  legislative,  executive,  and  judiciary 
shall  be  established.     3.  A  declaration  that  these  departments  shall  be 
distinct  and  independent  of  each  other,  except  in  specified  cases." 

It  is  one  thing  to  aim  at  "  essential  principles  only,"  another 
to  detach  such  from  the  incidents  which  events  have  raised  into 
a  semblance  of  eternal  principles.  No  doubt  it  is  largely  due  to 
the  long  struggle  of  the  Virginia  Burgesses  to  keep  Governor 
Berkeley  and  his  royal  council  from  controlling  their  House  that 
severe  severance  of  the  three  branches  had  become  the  political 
creed.  Like  most  creeds,  it  had  to  be  harmonized  with  practical 
necessities.  "  Soup  is  not  eaten  so  hot  as  it  is  cooked."  Even 
the  Virginia  Constitution  made  justices  of  the  county  courts 
"  eligible  to  either  House  of  Assembly."  Governor  Randolph 
wished  to  make  further  exceptions  from  the  creed,  in  the 


DRAFT  OF  A    CONSTITUTION.  75 

United  States  Constitution,  but  the  doctrine  had  to  be  laid 
down.  And  next  to  it  the  doctrine  of  a  bicameral  legisla 
ture.  "The  mind  of  the  people  of  America,"  said  George 
Mason,  "  is  unsettled  as  to  some  points,  but  settled  as  to 
others.  In  two  points  I  am  sure  it  is  well  settled — first,  in 
an  attachment  to  republican  government ;  secondly,  in  the  at 
tachment  to  more  than  one  branch  in  the  legislature."  Against 
the  bicameral  system  Franklin  stood  alone  in  the  Convention, 
where  it  was  accepted  almost  without  question.  The  first  pro 
vision  of  this  Randolph  Constitution  is  for  a  Legislature  which 
" shall  consist  of  two  branches  :  viz.  (a)  a  House  of  Delegates; 
and  (&)  a  Senate."  The  use  of  this  word  Senate  might  point 
Lord  Bacon's  famous  saying  about  the  power  of  words  to  entan 
gle  strongest  men.  Randolph,  alluding  to  the  framers  of  the 
Virginia  Constitution  (1776),  says:  "The  young  boasted  that 
they  were  treading  upon  the  republican  ground  of  Greece  and 
Rome,  and  contracted  a  sovereign  contempt  for  British  institu 
tions."  Some  of  these  young  Romans  lived  to  find  housed  in 
their  "  Senate  "  a  peerage  of  States  by  which  Delaware  was  made 
equal  with  Virginia.  The  bicameral  system  did  not  originate  in 
State  equality,  as  is  sometimes  said ;  equality  of  votes  might 
have  been  combined  with  proportional  representation  in  the 
House  of  Representatives,  as  it  now  is  when  a  presidential  elec 
tion  falls  to  that  House. 

"  I.  The  House  of  Delegates  shall  never  be  greater  in  number 

than .    To  effect  this  pursue  a  rule  similar  to  that  prescribed 

in  the  i6th  article  of  the  New  York  Constitution."  This  New- 
York  article  limited  the  Senators  to  100,  the  Representatives  to 
300.  In  1801  the  Senators  were  further  reduced  to  32  and  the 
Representatives  to  150  ;  twenty  years  later  the  latter  were  set  at 
128.  The  plan  involved  repeated  redistributions.  For  its  appli 
cation  to  the  United  States  Randolph  proposed  that  "  each  State 
shall  send  delegates  according  to  the  ratio  recommended  by  Con- 


76  EDMUND  RANDOLPH. 

gress ;  to  ascertain  this  point  let  a  census  be  taken,"  etc.  The 
qualifications  for  Congress  were  to  be  twenty-five  years  of  age 
and  citizenship.  Whereto  Randolph  appends  :  "  Qu  :  if  a  cer 
tain  term  of  residence,  and  a  certain  amount  of  landed  property, 
ought  not  to  be  made  by  the  Convention  a  further  qualification." 
The  "  delegate's  "  tenure  was  two  years  ;  the  elections  being  held 
biennially,  on  the  same  day  throughout  the  same  State,  at  a  place 
fixed  by  each  Legislature,  from  time  to  time  ;  or,  in  their  default, 
by  the  national  legislature.  "  The  qualification  of  electors  shall 
be  the  same  with  that  in  the  particular  States,  unless  the  legisla 
ture  shall  hereafter  direct  some  uniform  qualification  to  prevail 
through  the  States."  Here  are  suggested  as  qualifications  :  "  Cit 
izenship  ;  manhood ;  sanity  of  mind  ;  previous  residence  of  one 
year,  or  possession  of  real  property  within  the  State  for  the  whole 
of  one  year,  or  enrolment  in  the  militia  for  the  whole  of  a  year." 
But  some  one  has  run  his  pen  through  all  of  these  except  the  first 
two,  as  "  not  justified  by  the  resolutions."  The  delegates  choose 
their  presiding  officer.  They  shall  vote  by  ballot,  unless  two- 
thirds  choose  to  vary  the  mode.  "  A  majority  shall  be  a  quorum 
for  business ;  but  a  smaller  number  may  be  authorized  by  the 
House  to  call  for  and  punish  non-attending  members,  and  to  ad 
journ  for  any  time  not  exceeding  one  week."  "  The  house  of  del 
egates  shall  have  power  over  its  own  members."  "  The  delegates 
shall  be  privileged  from  arrest  (personal  restraint)  during  their  at 
tendance  [and]  for  so  long  a  time  before  and  after  as  may  be  ne 
cessary  for  travelling  to  and  from  the  legislature."  To  this  is 
added,  but  struck  out,  "  and  they  shall  have  no  other  privileges 
whatever."  They  shall  be  ineligible  to  any  office  under  the  au 
thority  of  the  United  States  during  their  term.  Vacancies  shall 
be  filled  by  writ  of  their  State  governor  or  speaker.  The  two 
Houses  were  arranged  much  in  the  same  way  in  the  original 
draft,  the  provisions  being  quite  legible  through  the  multitude  of 
erasures  which  followed  the  victory  of  unequal  representation  in 


DRAFT  OF  A    CONSTITUTION.  77 

the  Senate.  Until  then  "  the  Legislature  "  was  written  of  as  one 
body,  and  the  only  functional  privileges  of  the  two  branches  are, 
that  the  first  is  to  have  peculiar  powers  concerning  money-bills, 
and  the  Senate  those  relating  to  treaties — of  commerce,  of  peace, 
and  alliance.  The  Senate  is  also  to  appoint  the  judiciary,  and  send 
ambassadors.  The  present  rule  of  rotation  in  the  Senate  is  taken 
literally  from  this  Randolph  scheme.  The  provisions  for  its  con 
stitution  was  :  "  The  Senate  shall  consist  of members,  each 

possessing  a  vote."  Each  State  was  to  use  its  own  discretion  as  to 
the  time  and  manner  of  choosing  these  "  members,"  presently  in 
terlined  "  Senators."  Dr.  Franklin,  having  vainly  appealed  to 
the  Convention  to  invoke  divine  assistance  in  settling  the  issue 
between  the  large  and  small  States,  proposed,  as  a  compromise, 
that  the  latter  should  have  their  equality  of  representation  if  they 
paid  for  it.  Randolph  arranged  another  compromise,  by  which 
the  States  should  vote  as  equals  on  a  number  of  subjects  that 
might  affect  them  as  States.  But  when  he  brought  this  into  the 
Convention  the  small  States  had  already  gained  the  day.  George 
Mason  intimated  a  willingness  to  make  this  concession  to  the 
small  States  for  the  sake  of  the  Union ;  but,  in  thus  yielding  did 
not  contemplate  the  further  powers  presently  vested  in  the  Sen 
ate  in  combination  with  the  Executive. 

In  the  earlier  part  of  the  document  it  is  directed  that  each 
State  legislature  shall  provide  for  the  support  of  its  congressmen  ; 
but  elsewhere  occurs  a  provision  (struck  out)  by  which  the  Sena 
tors  were  to  be  paid  per  diem  the  average  value  of  a  fixed  num 
ber  of  bushels  of  wheat,  on  the  basis  of  its  value  for  the  previ 
ous  six  years  as  declared  by  a  special  jury  of  merchants  and 
farmers  summoned  by  the  Supreme  Court.  In  this  the  old 
tobacco  payments  of  Virginia  survive.  The  legislative  power 
to  raise  money  by  taxation,  "  unlimited  as  to  sum,  for  the  past 
and  future  debts  and  necessities  of  the  Union,  and  establish 
rules  for  collection,"  is  given  under  restrictions :  direct  taxation 


78  EDMUND  RANDOLPH. 

must  be  proportioned  to  representation  ;  any  capitation  tax  must 
apply  to  all  under  this  limitation,  and  every  indirect  tax  be  com- 
mon  to  all. 

The  power  to  "  regulate  commerce  "  is  made  by  Rutledge's 
addition  to  include  "  foreign  and  domestick." 

Here  follow  some  provisions  which  may  cast  light  on  the 
Slave-trade  section  of  our  Constitution  (Art.  I.,  Sec.  9). 

Randolph,  having  provided  that  "  no  State  shall  lay  a  duty  on 
imports,"  adds,  "  I.  No  duty  on  exports.  2.  No  prohibition  on 
such  inhabitants  as  the  United  States  think  proper  to  admit.  3. 
No  duties  by  way  of  such  prohibition."  There  wrere  already 
several  colonies  of  foreigners  in  the  country.  There  is  no  word 
in  this  original  draft  suggesting  that  negroes  were  contemplated 
in  these  clauses.  The  words  "  United  States "  prove  that 
Randolph  intended  a  restriction  on  the  States  from  prevent 
ing  immigration.  But  Rutledge  has  turned  the  whole  into  a 
Slave-trade  clause  by  adding  "  or  People  "  after  "  inhabitants," 
and  substituting  "  several  "  for  "  United."  Of  Randolph's  origi 
nal  intent  the  word  "  migration,"  in  our  Constitution,  is  probably 
a  survival.  In  the  famous  "  Kentucky  Resolutions  of  1798,"  the 
fifth,  written  by  Jefferson,  declares  the  "  alien  "  law  contrary  to 

the  said  article  ;  and,  as  passed  by  the  Kentucky  Legislature  the 

• 

word  migration  is  italicized.  Mr.  Warfield,  in  his  valuable  mono 
graph,  regards  this  as  "  a  conscious  and  most  improper  wresting  " 
of  a  clause  "  only  intended  to  apply  to  slaves."  1  But  this  Ran 
dolph  clause  shows  Jefferson  right  in  his  interpretation  of  the 
word  "  migration  "  as  meant  to  cover  other  aliens  than  Africans. 
The  history  of  the  clause  may  be  briefly  stated.  Mr.  Rut- 
ledge  having  reported  from  the  Committee  of  Detail  (August  6) 
the  draft  of  a  Constitution,  after  much  debate  Luther  Martin 
(Md.)  moved  (Aug.  21)  to  allow  a  prohibition  or  tax  on  the  im- 

1  "  The  Kentucky  Resolutions  of  1798."  New  York  and  London  :  G.P.  Putnam's 
Sons,  1887. 


DRAFT  OF  A    CONSTITUTION.  79 

portation  of  slaves.  Against  this  the  members  from  South  Caro 
lina  and  Georgia  protested,  while  Mason  as  passionately  resisted 
them.  Randolph  proposed  to  refer  the  clause  to  a  committee, 
saying :  "  I  can  never  agree  to  the  clause  as  it  stands  ;  I  would 
sooner  risk  the  Constitution."  (The  clause  freely  admitted  im 
portation  of  slaves.)  On  August  24,  the  Committee  reported 
the  compromise  article  admitting  the  "  migration  or  importation  " 
until  1800;  "  but  a  tax  or  duty  may  be  imposed  on  such  migra 
tion  or  importation  at  a  rate  not  exceeding  the  average  of  duties 
laid  on  imports."  August  25  Gen.  Pinckney,  against  Madison's 
protest,  carried  1808  instead  of  1800,  by  aid  of  New  Hampshire, 
Massachusetts,  and  Connecticut.  The  phraseology  was  then 
modified,  so  that  while  "  migration "  is  retained  in  the  first 
clause,  only  "  importation "  is  retained  in  the  last :  the  slave 
might  be  taxed  but  not  the  immigrant. 

Randolph's  Constitution  provides  that  no  Navigation  Act  is 
to  pass  but  by  a  majority  of  two  thirds.  The  Legislature  is  to 
make  war,  raise  armies,  equip  fleets ;  to  provide  tribunals  and 
punishments  for  offences  against  the  law  of  nations ;  to  appoint 
tribunals  inferior  to  the  supreme  judiciary ;  "  to  adjust  upon  the 
plan  heretofore  used  all  disputes  between  the  States  (Rutledge 
adds  respecting  territory  and  jurisdiction)."  Randolph  had  written 
"  Paper  prohibit,"  but  the  words  are  crossed  out ;  to  the  exclusive 
right  of  the  national  legislature  to  "  coin  money,"  Rutledge  adds 
that  no  State  shall  emit  paper  bills  of  credit  without  approval  of 
Congress,  or  make  any  thing  but  specie  a  tender  for  debts. 

Randolph  was  sharply  asked  by  Pierce  Butler,  in  the  Conven 
tion  of  1787,  whether  he  meant  to  abolish  the  State  powers  alto 
gether.  His  ideal  of  a  federal  system  was  shared  by  few  if  any. 
The  central  unity  he  desired  was  commercial,  financial ;  judicial 
too,  in  a  sense ;  in  another  sense,  military.  The  federal  govern 
ment  was  to  be  a  mechanism  for  keeping  order  between  the 
States,  and  for  defence  of  all  against  any  foreign  foe.  By  thus 


80  EDMUND  RANDOLPH. 

disburdening  themselves  of  the  cost  of  separate  armies,  fortresses, 
and  foreign  relations,  the  States  were  to  be  left  free  to  devote 
themselves  to  education,  moral  culture,  development  of  resources. 
The  States  were  to  be  the  arenas  of  political  life  and  civilization ; 
the  central  government  was  to  guard  their  independence  of  evolu 
tion.  They  were  not  locally  restricted  in  their  choice  of  repre 
sentatives.  Randolph  proposed  a  "  Supreme  "  government,  and 
his  word  was  struck  out ;  but  he  would  have  vested  this  suprem 
acy  in  a  legislature  carefully  filtered,  by  no  means  in  any 
individual  head,  or  in  a  peerage  of  unequal  colonies.  After  the 
apotheosis  of  provincialism  on  July  16,  when  the  local  selfish 
ness  of  the  smallest  States  was  enthroned  over  the  cosmopolitan 
sentiment  of  the  nation,  the  hope  of  a  real  republic  died.  The 
statesmen  who  wished  to  develop  a  strong  government  of  pure 
republican  type  were  thenceforth  compelled  to  sit  aloof,  while 
politicians  planned  the  Civil  War  under  a  delusion  that  they  were 
harmonizing  State  and  national  authority.  The  late  Mr.  Sothern, 
being  driven  all  night  by  a  tipsy  cabman  aimlessly  about  some 
London  Square,  cried  out  at  last :  "  Cabman,  keep  on  in  this 
square  ;  I  've  been  here  so  long  I  begin  to  like  it."  "  Do  you 
mean,"  asked  the  man,  "  for  me  to  go  on  driving  round  this 
square  ?  "  "  Yes,  as  much  as  a  man  can  drive  round  in  a  square." 
Since  our  Constitutional  fathers  started  their  ancient  State 
chariot  round  in  a  square  of  national  supremacy  the  inevitable 
corner  collisions  have  come. 

Along  with  this  Randolph  Constitution  was  found  a  vigorous 
paper  (MS.)  by  George  Mason  advocating  a  plural  executive  as 
"the  most  effectual  means  of  checking  and  counteracting  the  as 
piring  views  of  dangerous  and  ambitious  men."  Randolph's 
advocacy  of  the  same  view  made  a  strong  impression  on  Frank 
lin,  who  generally  voted  with  him.  A  blank  space  had  been  left 
in  this  draft,  apparently  for  the  result  of  this  struggle  ;  when  it 
was  filled  up,  no  doubt  in  Committee  of  Detail,  with  the  single 


DRAFT  OF  A    CONSTITUTION.  8 1 

executive,  Randolph's  provisions  of  powers,  meant  for  an  Exec 
utive  Commission,  were  struck  out.  The  confused  look  of  the 
MS.  here  seems  sadly  typical  of  the  conflicts  destined  to  follow 
this  unrepublican  decree  of  the  majority.  The  title  of  the  Ex 
ecutive  appears  to  have  been  a  subject  of  anxious  discussion. 
Randolph  ignores  every  title  ;  but  Rutledge  suggests  for  the 
President,  "  Governor  of  the  United  People  and  States  of  Amer 
ica."  Randolph  had  provided  for  the  election  of  the  Execu 
tive  by  the  Legislature ;  their  term  to  be  seven  years,  with 
ineligibility  thereafter.  They  were  to  command  and  superintend 
the  militia,  to  direct  their  discipline,  and  to  direct  the  executives 
of  the  States  to  call  their  militia  for  the  support  of  the  national 
government.  The  single  Executive  having  been  decreed,  Rut- 
ledge  substitutes  :  "  To  be  Commander-in-Chief  of  the  Land  and 
Naval  Forces  of  the  Union  and  of  the  Militia  of  the  several 
States."  Randolph,  like  Madison,  relied  much  on  the  power  of 
impeachment.  The  Executive  are  to  be  removable  on  impeach 
ment  by  the  House  of  Representatives,  on  conviction  of  mal 
practice  or  neglect  of  duty,  before  the  Supreme  Court.  For 
"  malpractice  or  neglect  of  duty  "  Rutledge  substitutes,  "  treason, 
bribery,  or  corruption."  Randolph  would  probably  not  have 
accepted  this  limitation  ;  and  he  certainly  did  not  agree  to  the  an- 
notator's  proposal  to  give  the  Executive  the  pardoning  power, 
even  though  one  not  pleadable  to  impeachment.  With  Mason 
he  tried  hard  to  except  treason  from  the  offences  open  to 
presidential  clemency.  Many  in  the  Convention  recognized  the 
danger  of  investing  a  President  with  the  power  that  may  be  used 
to  shield  his  own  guilt.  Madison  soothed  his  fears  here,  as  in 
the  face  of  other  risks,  with  contemplation  of  the  tremendous 
efficacy  he  attributed  to  the  menace  of  impeachment.  More 
over,  these  patriots  were  in  despair  of  finding  any  safer  deposi 
tory  of  the  pardoning  power.  The  time  was  not  ripe  for  inquir 
ing  whether  that  power  is  not  in  itself  an  anomalous  survival  from 


82  EDMUND  RANDOLPH. 

the  ages  of  autocracy,  and  whether  it  is  wise  to  raise  any  individ 
ual  into  a  Supreme  Court  of  Appeal,  able  to  revise  and  reverse 
decisions  of  the  highest  tribunals  in  criminal  cases.  Randolph 
may  be  credited  by  the  heretical  on  this  point  with  having  omit 
ted  all  mention  of  any  pardoning  power. 

In  the  Constitution  of  Virginia  the  Governor,  elected  annually 
by  the  Legislature,  had  power,  "  with  the  advice  of  the  Council 
of  State  [eight,  also  elected  by  the  Legislature]  to  grant  par 
dons  except  where  the  prosecution  shall  have  been  carried  on 
by  the  House  of  Delegates,  or  the  law  shall  otherwise  particu 
larly  direct."  When  the  Convention  at  Philadelphia  had  deter 
mined  that  the  Executive  should  consist  of  a  single  person,  with 
out  even  an  advisory  council,  it  is  certain  that  Randolph  would 
not  have  clothed  that  individual  with  the  pardoning  power. 

Randolph's  long  training  as  Attorney  General,  judge,  and  codi- 
fier  of  laws,  enabled  him  to  prepare  a  solid  scheme  for  the  judiciary. 
Important  powers,  however,  intrusted  to  the  Supreme  Court  were 
removed  from  his  instrument.  One  of  these  was  jurisdiction  in 
cases  of  impeachment.  The  mention  of  "  cases  of  impeachment," 
in  Art.  III.,  Sec.  2  of  the  Constitution,  defining  jurisdictions 
of  the  Court,  looks  like  a  relic  of  this  arrangement.  The  juris 
diction  was  further  to  extend  "  to  such  other  cases  [than  impeach 
ment]  as  the  national  legislature  may  assign,  as  involving  the 
national  peace  and  harmony : 

"  In  the  collection  of  revenue  ; 

"  In  disputes  between  citizens  of  different  States  ;  and 

"  In  disputes  in  which  subjects  or  citizens  of  other  countries  are 
concerned." 

(To  this  Rutledge  adds  :  "  In  disputes  between  State  and  citizens, 
or  citizens  of  another  State.") 

'*  In  cases  of  Admiralty  jurisdiction. 

"But  this  supreme  jurisdiction  shall  be  appellate  only  except  in 
cases  of  impeachment,  and  those  circumstances  in  which  the  legisla 
ture  shall  make  it  original ;  and 


DRAFT  OF  A    CONSTITUTION.  83 

"  The  legislature  shall  organize  it. 

"  The  whole  or  a  part  of  the  jurisdiction  aforesaid,  according  to  the 
discretion  of  the  Legislature  may  be  assigned  to  inferior  tribunals  as 
original  tribunals." 

Such  powers,  and  a  jurisdiction  extending  "  to  all  cases  arising 
under  laws  passed  by  the  general  legislature,"  were  not  meant  for 
a  tribunal  chosen  by  a  President  and  confirmed  by  a  branch  of 
Congress  representing  the  pride  of  States  instead  of  the  common 
interests  of  the  American  people  ;  and  Randolph  protested  in 
Convention  (July  16)  against  transfer  to  such  section  of  the  gov 
ernment  of  powers  meant  to  flow  from  the  nation.  "  All  the 
powers  given  in  the  report  from  the  Committee  of  the  Whole,"  he 
said,  "were  founded  on  the  supposition  that  a  proportional 
representation  was  to  prevail  in  both  branches  of  the  legislature." 

The  next  part  of  Randolph's  draft  is  devoted  to  "  Miscel- 
aneous  Provisions."  The  admission  of  new  States  is  much  the 
same  as  that  finally  adopted.  Rutledge  requires  a  congressional 
majority  of  two-thirds  for  each  such  admission,  and  Randolph  is 
careful  to  reserve  full  legislative  discretion  in  each  case.  On  the 
vexed  question  of  "  the  guarantee,"  Randolph's  Constitution  en 
gages  the  national  government  to  (i)  prevent  the  establishment 
of  any  government  not  republican ;  (2)  to  protect  each  State 
against  external  invasion,  and  (3)  against  internal  commo 
tion.  To  which  Rutledge  adds :  (4)  "  but  this  guarantee  shall 
not  operate  without  an  application  from  the  legislature  of  a 
state."  So  it  now  stands  in  our  Constitution,  with  the  proviso 
that  aid  may  be  invoked  by  the  executive  of  a  State  when  its 
legislature  cannot  be  convened.  But  any  internal  commotion 
which  should  hinder  a  legislature  from  meeting  might  involve  an 
executive  also.  "  The  general  government,"  says  Randolph  in 
his  historic  Letter,  "  ought  to  protect  each  state  against  domestic 
as  well  as  external  violence."  His  original  plan  does  not  appear 
to  have  been  improved.  At  several  periods  of  our  history  it  has 


84  EDMUND  RANDOLPH. 

been  shown  that  the  national  government  might  be  seriously 
hampered  under  the  vagueness  of  the  existing  clause,  which  may 
yet  open  visions  to  some  fanatical  or  anarchal  mob,  headed  by  a 
governor,  in  the  recess  of  a  legislature. 

The  provisions  which  follow  will  repay  the  study  of  those  in 
terested  in  the  relation  of  States  to  the  Federal  Union  : 

"  The  legislative,  executive,  and  judiciaries  of  the  States  shall  swear 
fidelity  to  the  union,  as  the  national  legislature  shall  direct. 

"  The  ratification  of  the  reform  is  (by  the  approbation  of  Congress) 
to  be  made  by  a  special  convention  in  each  State — recommended  by 
the  Assembly  ;  to  be  chosen  for  the  express  purpose  of  considering  and 
approving,  or  repealing  it  in  toto  ;  and  this  recommendation  may  be 
used  from  time  to  time." 

The  State  legislature  was  not  to  order  or  authorize,  but  merely 
to  "  recommend  "  the  popular  ratifying  conventions.  That  Ran 
dolph  meant  the  people  as  distinguished  from  their  several  legis 
latures  to  be  parties  to  this  delegation  of  powers  to  a  common 
government  is  further  shown  by  the  following  addenda :  "  The 
plighting  of  faith  ought  to  be  in  solemn  terms."  "  The  assent 
of  the  major  part  of  the  people  of  States  shall  give  operation  to 
this  Constitution."  (He  had  written  "  birth  "  instead  of  opera 
tion.  Rutledge  has  substituted  "  Conventions  "  for  "  major  part 
of  the  people.") 

By  these  clauses  it  was  arranged  :  that,  on  a  recommendation 
of  their  State  legislatures,  the  people  of  the  States,  their  supreme 
authority,  should  by  majorities  ("  of  the  people  ")  ratify  or  reject ; 
that  when  the  people  of  nine  States  had  assented,  the  Constitution 
might  go  into  operation  among  those  nine  ;  that  all  the  State 
authorities  of  such  assenting  States  should  swear  fidelity  to  "  the 
Union,  as  the  national  legislature  shall  direct ;  "  that  "  an  altera 
tion  may  be  effected  in  the  articles  of  Union,  on  the  application 
of  two  thirds  of  the  State  legislatures,  by  a  Convention." 

The  draft  concludes  with  suggestions  for  an  address : 


THE  ADDRESS.  8$ 

"  The  object  of  an  address  is  to  satisfy  the  people  of  the  propriety 
of  the  proposed  reform.  To  this  end  the  following  seems  worthy  of 
adoption  :  i.  To  state  the  general  objects  of  a  confederation.  2.  To 
show  by  general  but  pointed  observations  in  what  respects  our  confed 
eration  has  fallen  short  of  those  objects.  3.  The  powers  necessary  to 
be  given  will  then  follow  as  a  consequence  of  the  defects.  4.  A  ques 
tion  next  arises  whether  these  powers  can  with  propriety  be  vested  in 
Congress?  The  answer  is,  they  cannot.  5.  But,  as  some  States  may 
possibly  meditate  partial  confederations,  it  would  be  fit  now  to  refute 
this  opinion  briefly.  6.  It  follows,  then,  that  a  government  of  the 
whole  on  national  principles,  with  respect  to  taxation,  etc.,  is  most 
eligible.  7.  This  would  lead  to  a  short  exposition  of  the  leading  par 
ticulars  in  the  Constitution.  8.  This  done  conclude  in  a  suitable 
manner. 

"  This  is  the  shortest  scheme  which  can  be  adopted.  For  it  would 
be  strange  to  ask  for  new  powers  without  assigning  some  reason,  it 
matters  not  how  general  soever,  which  may  apply  to  all  of  them. 
Besides,  we  ought  to  furnish  the  advocates  of  the  plan  in  the  country 
with  some  general  topics.  Now,  I  conceive  that  these  heads  do  not 
more  than  comprehend  the  necessary  points." 


CHAPTER  X. 

THE  ENGLISH   AND   AMERICAN   CONSTITUTIONS. 

"  I  FOUND  the  Convention  at  Philadelphia  very  busy  and  very 
secret,"  wrote  Richard  Henry  Lee  to  his  brother  Arthur ;  "  it 
would  seem,  however,  from  a  variety  of  circumstances,  that  we 
shall  have  a  government  not  unlike  the  British  Constitution, — 
that  is,  an  Executive,  with  two  branches  composing  a  federal 
Legislature,  and  possessing  adequate  force.  This  departure  from 
simple  Democracy  seems  indispensably  necessary  if  any  govern 
ment  at  all  is  to  exist  in  North  America.  Indeed  the  minds  of 
men  have  been  so  hurt  by  the  injustice,  folly,  and  wickedness  of 
the  State  Legislatures  and  State  executives,  that  people  in  gen 
eral  seem  ready  for  any  thing.  I  hope,  however,  that  this  ten 
dency  to  extreme  will  be  so  controuled  as  to  secure  fully  and 
completely  the  democratic  influence  acting  within  just  bounds."  l 

But  on  learning  the  way  in  which  the  Convention  had  imitated 
the  British  Constitution,  Richard  Henry  Lee  wrote,  in  a  letter  to 
Samuel  Adams  (5  Oct.  1787):  "  Omnia  mala  exempla  ex  bonis 
orta  sunt."  And  on  Oct.  16  he  wrote  to  Randolph  :  "  You  are 
therefore,  sir,  well  warranted  in  saying  that  either  a  monarchy  or 
aristocracy  will  be  generated,  and  perhaps  the  most  grievous  sys 
tem  of  government  may  arise.  The  only  check  to  be  found  in 
favor  of  the  democratic  principle,  in  the  system,  is  the  House  of 
Representatives,  which  I  think  may  justly  be  called  a  mere  shred 
or  rag  of  representation." a 

1  MS.         2  MS.,  Lee  Papers,  Univ.  Va. 
86 


POLITICAL  SURVIVALS.  87 

Probably  a  majority  of  those  who  signed  the  Constitution 
believed  it  to  contain  the  fundamental  principles  of  the  British 
Constitution.  As  a  matter  of  fact  their  only  genuine  English 
importation  was  the  now  extinct  "  rotten  borough "  system, 
which  was  boldly  upheld  in  the  Convention  as  justification  for 
making  small  States  equal  in  representation  to  large  ones  !  The 
profound  ignorance  of  the  English  Constitution,  ascribed  by  some 
of  its  expounders  to  the  framers  of  the  American  Constitution, 
was  by  no  means  a  vulgar,  but  a  sophisticated  and  educated 
ignorance.  In  the  case  of  Hamilton  it  appears  to  have  been  also 
ingenious.  In  the  68th  Federalist,  pointing  out  the  "  dissimili 
tude  "  between  an  American  President  and  the  English  King, 
Hamilton  says :  "  The  one  would  have  a  qualified  negative  upon, 
the  acts  of  the  Legislative  body  ;  the  other  has  an  absolute 
negative.  The  one  would  have  a  right  to  command  the  military 
and  naval  forces  of  the  nation ;  the  other,  in  addition  to  this 
right,  possesses  that  of  declaring  war,  and  of  raising  and  regu 
lating  fleets  and  armies  by  his  own  authority.  The  one  would 
have  a  concurrent  power  with  a  branch  of  the  Legislature  in  the 
formation  of  treaties ;  the  other  is  the  sole  possessor  of  the  power 
of  making  treaties.  The  one  would  have  a  like  concurrent 
authority  in  appointing  to  offices  ;  the  other  is  the  sole  author  of 
all  appointments."  And  so  he  goes  on,  attributing  to  the  Eng 
lish  monarch  powers  which  fell  from  the  Crown  before  or  with  the 
head  of  Charles  I. 

He  ignores  the  fact  that  since  1688  the  crown  has  never 
attempted  to  govern  without  Parliament,  and  that  the  personality 
of  the  sovereign  has  no  place  in  the  constitution.  The  last  attempt 
at  royal  veto  was  that  of  Queen  Anne,  in  1707.  Even  Jay,  after 
ward  chief  justice,  in  his  pamphlet  advocating  the  constitution, 
contrasted  the  presidential  with  royal  powers,  without  hinting 
that  these  were  impersonal  or  extinct. 

Extinct,  that  is,  in  England ;  but  nations  are  not  careful  to 


88  EDMUND  RANDOLPH. 

secure  for  their  distant  subjects  and  colonies  the  liberties  they 
enjoy  at  home.  The  Hindu  and  the  New  Zealander  of  to-day 
regards  himself  as  living  under  the  personal  control  of  the  Queen, 
and  their  chiefs  cannot  understand,  when  they  reach  London, 
why  they  may  not  treat  with  her  personally.  The  early  life  of 
Hamilton  was  passed  in  his  native  West  Indies,  the  land  of 
slavery,  where  the  exorcised  despotism  of  England  found  a  con 
genial  refuge.  Several  of  our  colonial  governors  made  actual 
fictions  fossilized  in  old  law-books  in  England.  When,  to  the 
young  patriots  of  '76,  'the  king,  as  Randolph  says,  "  seemed  to 
stalk  like  the  Arch-enemy  of  mankind,"  it  was  not  poor  George 
they  saw, — he  was  but  trying  to  save  his  country  from  dismem 
berment,  and  with  less  autocratic  measures  than  some  that  saved 
our  own ;  but  they  beheld  the  king  as  tricked  out  with  the  auda 
cities  of  his  viceregal  agents  in  this  country.  Lord  Dunmore,  for 
instance,  was  such  an  anachronism  that  he  raised  anachronistic 
phantasms.  "  The  seventh  [article  of  the  Virginia  Bill  of  Rights]," 
says  Randolph,  "  against  the  suspension  of  the  laws  by  any  other 
authority  than  that  of  the  representatives  of  the  people,  was  sug 
gested  by  an  arbitrary  practice  of  the  King  of  England  before  the 
revolution  of  1688."  Such  tilts  at  dead  giants,  made  famous  by 
that  first  declaration  of  independence,  might  easily  impress  the 
masses  with  the  notion  that  the  giants  were  still  alive  and  keenly 
scenting  American  blood.  These  popular  fallacies  young  Hamil 
ton  may  have  shared  ;  at  any  rate  they  supplied  a  quick  soil  for 
his  political  wild  oats. 

Hamilton  and  Randolph,  as  youths,  had  been  members  of 
Washington's  military  family  at  the  siege  of  Boston.  When 
Hamilton  was  in  his  twenty-ninth  year,  and  Randolph  in  his 
thirty-second,  they  met  in  the  Annapolis  Convention  (1786), 
recognized  each  other  as  ardent  "  Federalists,"  and  parted  friends. 
When  they  met  at  Philadelphia  it  was  for  the  opening  of  a  life 
long  combat,  to  which  they  were  held  by  principles  competing 


THE  ENGLISH  GOVERNMENT.  89 

for  the  future  of  the  New  World.  To  their  early  friendship  Ran 
dolph  remained  loyal,  and  his  private  letters  show  him  cherishing 
Washington's  confidence  in  Hamilton  while  opposing  him  in  the 
Cabinet.  The  difference  between  the  Virginia  Governor  and  the 
New  York  General  was  not  that  the  one  did  and  the  other  did 
not  desire  a  government  fundamentally  English  ;  but  that,  while 
Hamilton  wished  for  a  monarchy  resuscitated  from  England's 
militant  age,  Randolph  desired  to  found  on  the  matured  prin 
ciples  of  the  British  Constitution.  The  son  of  a  King's  Attorney, 
Randolph  had  been  Attorney,  Judge,  Governor,  of  revolutionary 
and  republican  Virginia.  He  had  assisted  in  forming  the  first 
republican  Constitution  the  world  ever  saw, — the  Virginia  Con 
stitution  of  1/76.  No  American  more  thoroughly  knew  the 
principles  of  English  law  and  liberty.  He  had  helped  to  defeat 
Patrick  Henry's  effort  to  invest  the  gubernatorial  office  with  a 
negative  on  legislation,  which  the  English  people  had  wrested 
from  their  monarch.  He  had  superseded  personal  power  by  a 
chief  magistracy  annually  created  by  the  Legislature,  of  author 
ity  strictly  co-ordinate  with  a  similarly  chosen  Council,  thus  form 
ing  an  Executive  Commission  of  nine  members.  He  had  secured 
to  representatives  elected  by  the  people  absolute  power  over  the 
purse  of  the  commonwealth. 

Randolph's  draft  of  a  Constitution,  with  the  frame  he  intro 
duced  in  the  Convention,  and  his  speeches  there,  discover  a  type 
of  republicanism  for  which  the  country  was  not  ripe.  The  gov 
ernment  which  England  had  been  steadily  attaining  by  placing 
both  purse  and  sword  in  the  hands  of  the  Commons,  reducing  its 
once  "  Upper  "  House  to  a  revisory  body  with  power  of  suspen 
sory  veto,  and  sovereignty  to  a  social  decoration,  had  already 
been  studied  by  Randolph  with  good  illustrations.  The  system 
he  aimed  to  establish  for  the  Union  was  not  very  different  from 
what  that  of  England  would  be  to-day  without  a  monarch,  and 
with  a  second  chamber  chosen  by  the  Commons.  The  legislature 


90  EDMUND  RANDOLPH. 

elected  by  the  people  of  the  several  States  was  to  be — under  the 
Constitution,  as  interpreted  by  the  Judiciary — creator  of  all  other 
powers.  It  was  to  elect,  from  men  nominated  by  the  State  legis 
latures,  their  number  proportioned  to  population,  a  body  more 
permanent  than  itself,  and  composed  of  older  men.  The  same 
popular  House  was  to  elect  judges  for  life  or  good  behavior  ;  also 
an  Executive  Commission  of  several  persons,  who,  in  conjunction 
with  the  Judiciary,  should  form  a  council  of  revision  on  laws,  with 
power  to  veto  them  unless  passed  by  an  increased  majority. 
Randolph's  Republic  was  thus  a  democracy  subjected  to  succes 
sive  filtrations.  From  the  ignorant  or  passionate  populace  to 
their  executive  hand,  the  need  of  the  nation  was  to  pass  through 
refining  criticisms;  that  executive  was  not  to  be  a  Head,  but  a 
Hand,  with  its  own  official  fingers,  obedient  to  the  legislative 
brain,  controlled  by  the  judicial  independence. 

Despite  the  pleadings  of  Randolph,  Mason,  and  Madison,  and 
prayers  of  Franklin,  the  Convention  accepted  the  frame  which 
the  Virginians  had  submitted  through  their  Governor  and  leader, 
only  to  establish  within  it  a  system  which  the  small  philosophical 
wing  regarded  as  anti-republican.  Randolph's  brilliant  career  in 
the  Convention,  could  it  have  been  observed  by  the  outside 
world,  would  have  filled  the  country  with  enthusiasm.  Some  of 
his  sentences  became  proverbs  in  the  Convention.  "  Presidency 
is  the  foetus  of  monarchy."  "  An  Executive  should  be  indepen 
dent,  therefore  it  should  consist  of  more  than  one  man."  "  We 
have  made  a  bold  stroke  for  monarchy ;  now  we  are  doing  the 
same  for  aristocracy."  The  latter  was  said  of  the  proposal  that 
the  Executive,  if  no  choice  were  reached  by  the  State  electors, 
should  be  chosen  by  the  Senate.  The  bicameral  system  had 
been  accepted  by  Randolph  in  the  belief  that  a  second  chamber 
would  check  "  precipitate "  legislation.  The  English  system, 
organic  at  home,  and  in  process  of  evolution  to  its  present  virtu 
ally  unicameral  condition,  had  survived  in  America  in  its  super- 


BICAMERAL  FALLACIES.  91 

ficial  form ;  it  was  a  universal  political  superstition,  that  states 
must  have  two  chambers  even  if  they  had  not  enough  material 
for  one.  There  is  a  tradition  that,  on  his  return  from  France, 
Jefferson  called  Washington  to  account  at  the  breakfast-table  for 
having  agreed  to  a  second  chamber.  "Why,"  asked  Washing 
ton,  "  did  you  pour  that  coffee  into  your  saucer  ?  "  "  To  cool  it,'* 
quoth  Jefferson.  "  Even  so,"  said  Washington,  "  we  pour  legis 
lation  into  the  senatorial  saucer  to  cool  it."  Such  use  of  tjie 
saucer  is  now  hardly  admitted  by  good  society,  but  even  the  most 
old-fashioned  coffee-drinker  would  never  have  tried  to  cool  his 
coffee  by  emptying  it  into  a  bowl  of  hot  water.  Even  if  "  pre 
cipitancy  "  might  have  been  avoided  by  submitting  the  acts  of 
one  House  to  revision  of  one  containing  older  persons  (Seniors, 
or  Senators),  chosen  for  longer  periods  by  the  same  constituen 
cies, — de-localized  by  union  in  a  large  district, — the  same  conser 
vative  effect  can  by  no  means  be  looked  for  from  a  body  of 
totally  alien  extraction.  That  were  to  expect  "  coolness  "  from  a 
collision  of  flint  and  steel.  In  Randolph's  Republic,  a  Second 
Chamber  was  at  best  an  anomaly, — a  fifth  wheel  to  his  coach, 
which  required  only  the  State  Legislature,  the  National  Legisla 
ture,  the  Judiciary,  and  the  Executive  ; — he  found  out  too  late 
that  colonial  provincialism  needed  only  this  superfluous  wheel  to 
renovate  its  antiquated  chariot.  Such  was  the  power  of  this  two- 
chamber  superstition  that,  even  after  resisting  the  irrationality  of 
the  State  Peerage  which  found  shelter  under  it,  Madison  was 
presently  found  arguing  that  this  Senate,  this  conservatory  of 
local  jealousies,  would  be  "  a  defence  to  the  people  themselves 
against  their  own  temporary  errors  and  delusions,"  (Federalist, 
63) ;  which  is  resorting  to  dynamite  to  check  the  explosive- 
ness  of  gunpowder.  It  is  mere  euphemism  to  describe  as  a  Re 
public  a  government  in  which  Rhode  Island  possesses  a  legislative 
power  equal  to  that  of  Pennsylvania. 

The  Vice-Presidency  Randolph  viewed  with  an  apprehension 


92  EDMUND  RANDOLPH. 

which  must  have  arisen  in  many  thoughtful  minds  at  various  pe 
riods  of  our  later  history,  when  our  presidents  have  been  some 
times  elected  by  assassins.  The  strength  of  the  monarchical  su 
perstition  was  shown  in  this  careful  provision  behind  the  President 
of  an  officer  interested  in  his  death,  and  competent  to  pardon  his 
murderer.  The  force  of  unreason  went  even  further  when  the 
Cabinet,  a  body  unknown  to  the  Constitution,  was  lately  given 
an  interest  in  removing  a  President.  Randolph  opposed  execu 
tive  re-eligibility  until  after  the  office  was  lodged  in  an  individual 
hand  ;  then  he  thought  that  a  President  debarred  from  legal  re 
election  might  be  tempted  to  continue  his  power  by  coup  d'ttat. 
In  all  these  matters  he  exhibited  a  philosophic  insight  which  won 
the  admiration  of  Franklin.  The  clearness  and  force  of  his  argu 
ments  several  times  won  the  Convention  to  his  side  ;  but  after 
such  favorable  votes  the  smaller  States,  or  the  semi-monarchical 
party,  managed  to  work  on  committees  outside  and  secured  re 
versals. 

Of  the  fifty-five  members  who  sat  in  the  Convention  the  names 
of  but  thirty-nine  were  attached  to  the  Constitution.  Of  the  other 
sixteen  three  only  remained  to  the  end,  and  among  these  was  Ran- 
dolph.  He  had  before  intimated  to  the  Convention  that  he  could 
not  sign  the  Constitution  in  the  shape  it  was  assuming,  but  he 
knew  that  it  would  become  the  basis  of  the  government.  It  is 
melancholy  to  reflect  that  the  Convention  disregarded  Randolph's 
efforts  to  make  the  relative  State  and  Federal  powers  definite  and 
unmistakable.  The  clause  he  would  have  added  in  ink  has  since 
been  written  in  blood.  By  remaining  in  the  Convention  Randolph 
was  able  to  secure  modifications  now  generally  approved,  and  he 
gained  a  prestige  which  enabled  him  to  urge  subsequent  amend 
ments.  He  agreed  to  sign  if  the  Convention  would  add  a  provi 
sion  for  a  second  Convention  after  the  sense  of  the  country  had 
been  taken  on  the  Constitution.  This  motion  was  seconded  by 
Franklin,  but  failed  ;  and  Randolph,  though  appealed  to  by  his 


RECUSANT.  93 

venerable  friend,  who  uttered  an  encomium  on  his  services  and 
ability,  refused  to  sign.  He  said,  however,  that  he  did  not  mean 
by  this  refusal  to  decide  that  he  should  oppose  ratification  of  the 
Constitution  by  his  State.  He  meant  only  to  keep  himself  free 
to  be  governed  by  his  duty,  as  it  should  be  prescribed  by  his 
judgment. 

Probably  Randolph  believed  that  Virginia  would  ultimately 
determine  the  fate  of  the  Constitution,  and  that  this  power 
might  be  used  to  secure  important  amendments. 


CHAPTER  XI. 

THE   LAST   STRUGGLES   OF  SOVEREIGNTY. 

RANDOLPH'S  criticisms  of  the  Constitution  partly  anticipated 
those  of  Mill,  Bagehot,  Karl  Blind,  Louis  Blanc,  and  other  repub 
lican  authors  of  Europe.  Indeed,  a  number  of  works  have  recently 
appeared  in  our  own  country,  in  advocacy  of  organic  reforms, 
whose  writers  seem  unconscious  that  they  are  repeating  points 
made  by  Randolph  a  hundred  years  ago.  But,  while  Randolph's 
genius  was  philosophical,  his  public  responsibilities  made  him 
practical.  There  was  nothing  of  the  "  irreconcilable  "  about  him. 
He  had  also  the  family  characteristic  of  looking  on  the  other  side, 
and  making  the  most  of  its  claims, — the  inveterate  justice  which 
to  partisans  seemed  indecision.  His  extraordinary  capacity  for 
leadership  was  liable  to  suffer  through  this  provoking  ability  to 
conceive  that  he  might  be  wrong.  When,  two  days  after  the 
Constitution  was  signed,  it  was  published  in  the  Philadelphia  pa 
pers,  a  tremendous  controversy  arose.  The  Virginia  members 
agreed  that  amendments  must  be  conceded  before  it  should  go 
into  operation  in  Virginia.  Mason  and  Randolph  held  that  after 
the  new  instrument  had  been  discussed  a  new  Convention  should 
be  called.  For  this  they  had  the  sufficient  argument  that  the 
Convention  had  not  been  chosen  for  such  a  radical  revolution  of 
the  Confederation. 

Immediately  on  the  adjournment  of  the  Convention  (Sept.  17), 
Governor  Randolph  started  with  his  wife  on  the  journey  to  Rich 
mond.  His  letters  to  Madison,  who  remained  in  Philadelphia, 
cast  much  light  on  the  feeling  in  the  country. 

94 


A  PRACTICAL  PLAN.  95 

From  "  Bowling  Green  (Va.),  September  30,"  he  writes  to 
Madison  : 

"  Baltimore  resounds  with  friendship  for  the  new  Constitution,  and 
Mr.  Chase's  election  depends,  as  it  is  said,  upon  his  opinion  concerning 
it.  He  waited  on  me  with  an  expectation,  I  suspect,  of  learning  some 
thing  to  foster  his  opposition.  I  was  prepared,  because  I  had  heard  of 
his  harangue  to  the  people  of  Wells  Point  the  night  before  I  saw  him. 
It  was  represented  to  me  that,  after  he  had  finished  his  speech,  Col. 
Wm.  [?]  Smith  and  Mr.  Zebulon  Hollingsworth  asked  him  whether  he 
espoused  the  Constitution  or  not.  He  replied  to  this  effect  :  '  Here, 
gentlemen,  is  a  form  of  government '  (pulling  out  the  Maryland  Act) 
*  under  which  we  have  lived  happily  for  more  than  ten  years.  Shall 
we  make  a  new  experiment  precipitately  ?  Are  we  to  pay  taxes  indefi 
nitely,  have  our  militia  led  from  one  end  of  the  country  to  the  other, 
and  be  dragooned  by  a  standing  army  if  we  fail  in  the  smallest  article 
of  duty  ?  But — I  have  not  made  up  my  mind.'  However,  in  the  dis 
course  between  us,  although  he  discovered  a  tendency  to  reject  the 
Constitution  unless  amended,  he  declared  he  would  labor  to  establish 
a  federal  government.  In  Bladensburg  the  Constitution  is  approved. 
In  Alexandria  the  inhabitants  are  enthusiastic,  and  instructions  to  force 
my  dissenting  colleague  to  assent  to  a  convention  are  on  the  anvil.  I 
wrote  to  him  yesterday  suggesting  to  him  this  expedient  :  to  urge  the 
calling  of  a  convention  as  the  first  act  of  the  Assembly  :  if  they  should 
wish  amendments  let  them  be  stated  and  forwarded  to  the  States.  Be 
fore  the  meeting  of  the  convention  an  answer  may  be  obtained.  If  the 
proposed  amendments  be  rejected,  let  the  Constitution  immediately 
operate  :  if  approved  by  nine  States,  let  the  assent  of  our  convention 
be  given  under  the  exceptions  of  the  points  amended.  This  will,  I  be 
lieve,  blunt  the  opposition,  which  will  be  formidable,  if  they  must  take 
altogether  or  reject.  The  re-eligibility  of  the  President  and  Senate  has 
excited  Mr.  James  Mercer's  resentment,  and  he  positively  objects  to 
the  Constitution  without  amendments.  I  learn  nothing  of  Mr.  Henry, 
nor  of  Mr.  Pendleton,  except  that  he  is  almost  perfectly  recovered." 

From  Richmond  (October  23)  he  writes  Madison : 

"  The  first  raptures  in  favor  of  the  Constitution  were  excessive. 
Every  town  resounded  with  applause.  The  conjectures  of  my  reasons 
for  refusing  to  sign  were  extraordinary,  and  so  far  malicious  as  to  sup 
pose  that  I  was  chagrined  at  not  carrying  every  point  in  my  own  way, 
or  that  I  sought  for  popularity.  These  were  the  effluvia  until  the  As- 


96  EDMUND  RANDOLPH. 

sembly  met.  A  diversity  of  opinion  appeared  immediately  on  the  con 
vening  of  that  body,  which  gave  an  evidence  of  the  good  fruit  from  one 
of  the  revised  laws  by  being  punctual  to  the  day.  Among  the  heroes 
of  the  opposition  were  Mr.  Henry,  Mr.  William  Cabell,  Col.  Bland,  and 
Mr.  Franck  Strother.  A  great  ferment  was  kept  up  until  Thursday 
last,  when,  contrary  to  my  expectations,  the  debate  for  calling  the  con 
vention  was  conducted  with  temper,  and  a  vote  passed  unanimously 
for  that  purpose,  to  discuss  and  deliberate  on  the  Constitution.  This  is  a 
happy  and  politick  resolution  ;  for  I  am  thoroughly  persuaded  that  if 
it  had  been  propounded  by  the  Legislature  to  the  people  as  we  pro 
pounded  it,  the  Constitution  would  have  been  rejected  and  the  spirit  of 
the  Union  extinguished.  At  present  the  final  event  seems  uncertain. 
There  are  many  warm  friends  for  taking  the  Constitution  altogether, 
without  the  alteration  of  a  letter  ;  among  these  are  Col.  Nicholas  and 
Mr.  F.  Corbin.  But  I  suspect  that  the  tide  is  turning.  New  objections 
are  daily  started,  and  the  opinions  of  Mr.  Henry  gain  ground.  He 
and  I  have  had  several  animated  discourses,  but  he  recedes  so  far  from 
me  that  we  must  diverge  after  a  progress  of  half  a  degree  further.  An 
incidental  question  is  allotted  for  to-morrow,  by  which  it  will  be  known 
how  the  party  positively  against  the  Constitution  stands  as  to  number. 
A  motion  was  postponed  until  that  day  for  repealing  the  laws  against 
the  recovery  of  British  debts.  Much  of  the  repugnance  to  this  motion 
will  be  founded  on  the  danger  of  every  defendant  being  hurried  sooner 
or  later  to  the  seat  of  the  federal  government.  This  is  the  most  vul 
nerable  and  odious  part  of  the  Constitution.  I  shall  therefore  con 
clude,  if  the  acts  be  repealed,  that  the  majority  of  the  Legislature  may 
be  said  to  have  overcome  the  most  exceptionable  points.  As  to  the 
recusants,  we  have  been  spoken  of  illiberally  at  least.  Mr.  Mason  has 
declared  in  Assembly  that,  although  he  is  for  amendments,  he  will  not 
quit  the  Union  even  if  they  should  not  be  made.  I  have  thought 
proper  to  postpone  any  explanation  of  myself,  except  in  private,  until 
every  thing  is  determined  which  may  relate  to  the  Constitution.  I 
have  prepared  a  letter  and  shall  send  you  a  copy  in  a  few  days.  I  see 
the  Pennsylvania  papers  abounding  with  eulogiums  on  some  and  exe 
crations  on  others,  whose  opinion  they  know  not  substantially.  Mr. 
Pendleton,  who  is  here,  has  expressed  himself  to  this  effect, — that  this 
Constitution  is  very  full  of  radical  faults,  and  that  he  would  adopt  it 
with  a  protest  as  to  its  imperfections,  in  order  that  they  may  be  cor 
rected  at  a  future  day.  The  bar  are  generally  against  it  ;  so  are  the 
judges  of  the  General  Court.  So  is  Wiley  Jones,  of  North  Carolina, 


RA  NDOLPJI '  S  PA  MPHL  E  T.  97 

In  short,  I  am  persuaded  that  there  must  be  strong  exertions  made  to 
carry  it  through,  and  my  letter  will  not  be  the  least  conducive  among 
the  other  supports  to  its  adoption  in  the  end.  Why  would  you  not 
give  me  your  opinion  as  to  the  scheme  I  proposed  in  my  letter  from 
the  Bowling-green  ?  I  am  now  convinced  of  the  imperfections  of  the 
idea,  but  1  wish  to  open  to  you  without  reserve  the  innermost  thoughts 
of  my  soul,  and  was  desirous  of  hearing  something  from  you  on  this 
head.  Col.  Mason  has  said  [illegible],  and  you  may  rest  yourself  in 
safety  in  my  hands,  for  I  will  certainly  repel  the  smallest  insinuation 
You  were  elected  by  126  out  of  140 ;  for  the  second  year  by  137  out 
of  140  ;  so  that,  you  see,  circumcision  and  uncircumcision  avail  noth 
ing.  I  sent  your  appointment  on  the  other  day.  The  people  of  this 
town  are  still  in  rage  for  the  Constitution,  and  Harrison  among  the 
most  strenuous.  I  have  inquired  about  reports  concerning  myself,  and 
if  popularity  had  been  my  object,  as  some  suppose,  I  should  have  over 
shot  my  mark.  Pardon  this  medley  written  in  a  crowd,  and  be 
assured  of  my  most  affectionate  friendship." 

Mason  and  Randolph  had  nearly  always  agreed  on  consti 
tutional  questions,  and  similar  objections  prevented  their  giv 
ing  unconditional  signatures  to  the  Constitution.  But  they 
were  attached  to  the  Union  and  had  little  doubt  of  their  ability 
to  secure  another  national  Convention,  which  would  possess  the 
advantage  of  thorough  consultation  with  the  country.  Ran 
dolph's  pamphlet  in  criticism  of  the  Constitution  was  privately 
printed  (Richmond  :  Augustin  Davis).  A  copy  sent  to  Washing 
ton  was  accompanied  by  the  following  note:  "27  Dec.  1787. 
The  enclosed  pamphlet  speaks  so  fully  for  itself,  that  any  expla 
nation  of  it  from  me  would  be  useless.  I  send  it  to  you  because 
I  know  your  friendship  for  the  writer,  and  because  I  take  plea 
sure  in  subscribing  myself,  at  all  times,  with  unfeigned  truth/* 
etc.  The  pamphlet  was  dated  16  Oct.  1787.  On  3  Jan.  1788 
it  appeared  in  the  Virginia  Gazette,  preceded  by  a  correspond 
ence  with  Mann  Page  and  three  others,  who  mention  a  report 
"  that  the  reasons  which  governed  you  in  your  disapprobation  of 
the  proposed  Federal  Constitution  no  longer  exist,"  and  request 


98  EDMUND  RANDOLPH. 

the  publication  of  his  views.  In  his  reply  (10  Dec.  1787)  Ran 
dolph  says  that  though  he  had  written  a  letter  for  the  Assembly 
he  had  been  "  restrained  from  sending  it  to  them,  by  motives  of 
delicacy,  arising  from  two  questions  depending  before  that  body, 
the  one  respecting  the  Constitution,  the  other  myself.  At  this 
day,  too,  I  feel  an  unwillingness  to  bring  it  before  the  Legislature, 
lest  in  the  diversity  of  opinion  I  should  excite  a  contest  unfavor 
able  to  that  harmony  with  which  I  trust  the  great  subject  will  be 
discussed.  I  therefore  submit  the  publication  of  the  letter  to 
your  pleasure."  : 

In  finally  resolving  to  advocate  an  unconditional  ratification 
of  the  Constitution,  the  Governor,  without  whose  aid  it  could  not 
have  been  secured  in  Virginia,  acted  in  pure  patriotism.  "  He 
chose,"  says  Curtis,  "  to  incur  .the  charge  of  that  kind  of  incon 
sistency  which  a  statesman  should  never  hesitate  to  commit  when 
he  finds  that  the  public  good  is  no  longer  consistent  with  his  ad 
herence  to  a  former  opinion."  2  Randolph  had  experience  of  the 
forces,  not  to  say  the  ferocities,  in  some  regions  of  the  country, 
the  strength  of  colonial  jealousies,  of  religious  antipathies,  of 
rival  trade  interests ;  as  attorney-general,  commissioner  on 
treaties  concerning  rivers  and  boundaries,  judge,  congressman, 
governor,  he  had  confronted  every  threatening  aspect  of  the 
land  ;  he  had  measured  the  forces,  provincial  prejudices,  political 
superstitions,  which  met  in  the  Philadelphia  Convention,  after 
burning  the  ropes  of  straw  with  which  the  Confederation  had 
bound  them  together.  Frequent  popular  outbreaks  proved  how 
easily  the  country  might  be  plunged  into  civil  war.  The  Con 
federation  had  gone ;  its  attempts  to  act  after  the  Convention 

1  For  the  whole  correspondence,  see  Gary's  "American  Museum,"  III.,  p.  61. 
Randolph's  Letter  is  in  Elliott's  "  Debates,"  and  also  in  Mr.  Paul  Leicester  Ford's 
opportune  and  excellent  collection  of  similar  documents  by  leading  statesmen  of  that 
period.  A  comparative  study  of  the  pamphlet,  in  connection  with  Randolph's 
recently  discovered  draft  of  a  Constitution,  will  be  found  of  much  interest. 

9  "  History  of  the  Constitution,"  II.,  356. 


MASON  AND  LEE.  99 


% 


was  summoned  had  excited  contempt ;  the  ratification  conven 
tions  took  place  in  an  anarchal  interregnum.  Randolph  believed 
the  proposed  Union  the  alternative  either  of  aggressive  anarchy 
or  some  oppressive  dictatorship — to  which  some  powerful  leaders 
were  not  averse.  For  it  was  not  constitutional  monarchy  that 
reactionists  desired,  but  a  despotism  long  defunct  in  England. 
This  formidable  party  had  been  compelled  to  make  concessions 
also.  It  could  not  secure  a  life-tenure  for  Washington  I.,  nor 
even  call  him  "  Serene  Highness."  The  Constitution  established 
a  Union,  contained  an  apparatus  of  self-amendment,  and  the 
leading  statesmen  were  pledged  to  carry  important  amendments. 
Moreover,  should  nine  States  ratify,  Virginia  might  have  to  come 
in  after  all,  but  too  late  for  leadership.  On  its  first  leaders  the 
new  government  would  largely  depend  for  its  permanent  character. 
Governor  Randolph  weighed  all  these  things  with  means  of 
knowledge  at  the  command  of  few  of  his  censors.  As  a  rule,  says 
Whately,  the  smaller  a  mind  the  sooner  it  is  made  up.  Randolph 
poised  long.  It  was  the  opinion  of  the  leading  men  that  on  this 
Governor's  decision  the  Constitution  depended.  Dread  of  dis 
union  determined  him.  Notwithstanding  his  conviction  that  "  a 
bad  feature  in  government  becomes  more  and  more  fixed  every 
day,"  and  fear  that  the  spirit  of  amendment  might  be  presently 
considered  heretical,  he  decided  to  support  the  Union. 

Randolph's  former  comrades,  before  his  final  decision,  looked 
on  him  as  a  lost  leader.  There  was  something  pathetic  in  the 
loneliness  of  Mason.  A  letter  of  Arthur  Lee  to  Richard  Henry 
Lee,  dated  Alexandria,  19  February  1788,  written  after  a  visit  to 
Gunston  Hall,  shows  that  the  great  man  no  longer  regarded 
Randolph  as  his  ally. 

"Col.  Mason  laments  very  much  that  you  do  not  stand  for  the 
Convention.  He  says  there  will  be  no  one  in  whom  he  can  confide. 
That  you  will  be  regarded  as  having  deserted  a  cause  in  which  you 
have  published  your  persuasion  of  its  being  of  the  last  moment  to  your 


100  EDMUND  RANDOLPH. 

country.  That  this  belief  will  be  strengthened  by  a  report  which  some 
of  your  friends  have  propagated,  that  you  have  given  up  all  idea  of 
opposing  the  Constitution  because  your  friends  think  differently,  and 
have  recommended  two  violent  constitutionalists  to  the  freeholders  of 
Westmoreland.  He  is  afraid  these  things  will  injure  your  character 
so  much  that,  should  another  general  Convention  be  ordered,  you  will 
not  be  among  the  delegates,  which  he  shall  consider  a  misfortune  to 
the  country.  It  is  his  opinion  that  the  Convention  will  recommend 
another  general  Convention."  ' 

During  the  winter  antagonism  to  the  Constitution  consoli 
dated  itself ;  it  became  increasingly  plain  that  the  decision  would 
mainly  rest  with  Virginia.  Governor  Randolph's  adhesion  was 
coupled  with  a  demand  for  a  second  National  Convention,  which 
gave  Madison  and  Washington  uneasiness.  Madison  urged  on 
Randolph  the  indications  that  among  those  who  desired  amend 
ments  there  was  no  concord  as  to  what  they  should  be.  This 
opinion  was  .confirmed  by  the  result  of  the  Massachusetts  Con 
vention.  Mr.  Gerry,  of  that  State,  stood  with  Randolph  in  re 
fusing  to  sign  the  Constitution,  but  the  amendments  appended 
to  the  ratification  of  Massachusetts  filled  the  Virginia  Governor 
with  disgust.  The  great  principles  which  concerned  Randolph 
were  not  affirmed  to.  He  began  to  perceive  that  few  shared  his 
philosophical  interest  in  pure  republicanism.  His  hopes  from  a 
second  Convention  had  received  a  shock. 

He  writes  Madison  from  Richmond,  29  February  1788,  a  very 
hurried  letter : 

"  The  decision  of  Massachusetts,  had  it  been  adverse  to  the 
Constn.  wd  have  damned  it  here.  But  as  it  is,  it  fixes  the  event,  if 
New  York,  New  Hamp.  and  Maryland  should  follow  the  example. 
This  must  be  understood  with  this  restriction,  that  although  9  states 
will  force  Virginia  by  their  assent  to  come  in,  there  is  reason  to  believe 
that  no  intelligence  of  that  sort  can  reach  us  before  our  Convention 
meets  ;  as  South  Carolina  will  sit  on  the  12  of  May  only.  I  received  a 
letter  last  night  from  Mr.  P.  Henry,  mentioning  his  having  resumed 

1  MS.  Univ.  Va. 


DOUBTS.  101 

the  practice  of  law,  and  his  determination  to  oppose  the  Constitution, 
even  if  only  \  a  state  should  oppose.  The  baptist  interest  and  coun 
ties  on  the  south  side  of  James  River,  from  Isle  of  Wight  upwards, 
are  highly  incensed  by  Henry's  opinions  and  public  speeches,  when 
soever  occasion  has  presented.  As  to  the  temper  on  the  north  side, 
I  cannot  clearly  discern  it.  But  upon  a  review  made  by  Mr.  Marshall 
of  their  comparative  strength,  he  seems  to  think  that  the  question  will 
be  very  nice.  The  election  of  Henrico  commences  on  Monday  ;  the 
persons  proposed  are  Dr.  Foushee,  Marshall,  and  myself.  Nothing  but 
a  small  degree  of  favor  acquired  by  me  independently  of  the  Constitu 
tion,  could  send  me  ;  my  politicks  not  being  sufficiently  strenuous 
against  the  Constitution.  Marshall  is  in  danger  ;  but  F.  is  not  popu 
lar  enough  on  other  scores  to  be  elected,  altho'  he  is  perfectly  a 
Henryite. 

"  But  to  return  to  Massachusetts, — what  a  paltry  snare  ?  Some  of 
the  amendments  are  inadmissible,  others  pointed  against  the  negro 
states,  and  others  milk-and-water.  The  first  is  among  the  rocks  on 
which  the  old  Confederation  has  split  ;  the  2nd  is  aimed  against  the 
southern  states  ;  the  3rd  provides  against  no  real  danger  ;  the  first  part 
of  the  4th  is  as  the  3rd,  and  moreover  destroys  an  essential  idea  of 
a  national  government.  ...  A  writer  calling  himself  Plaindealer, 
who  is  bitter  in  principle  vs.  the  Constitution  has  attacked  me  in  the 
paper.  I  suspect  the  author  to  be  Mr.  Spencer  Roane  ;  and  the  im 
portunities  of  some  to  me  in  public  and  private  are  designed  to  throw 
me  unequivocally  and  without  condition  into  the  opposition.  But  pray 
answer  me,  what  is  to  become  of  our  debt  for  the  old  continental 
money  ?  shall  we  not  be  obliged  to  compensate  the  Indiana  Company 
for  our  legislative  violence  ?  does  not  the  exception  as  to  a  religious 
test  imply  that  the  Congress  by  the  general  words  had  power  over 
religion  ?  I  expect  a  contention  between  the  high  and  low  federalist  ; 
nothing  less  can  save  the  federal  government." 

Madison  being  at  his  residence,  Montpelier,  preparing  for  the 
struggle,  Randolph  writes  him  (17  April)  another  hurried  note; 
and  therewith,  it  may  be  remarked,  encloses  a  letter  from  Col. 
Hamilton  sent  to  the  Governor's  care. 

"  A  comparison  of  the  intelligence  which  centres  here  from  the 
various  parts  of  Va.  persuades  me,  that  he  [Col.  Nicholas]  at  least  mis 
takes  the  degree  of  the  majority,  and  leads  me  to  suspect  that  it  lies 


102  EDMUND  RANDOLPH. 

adverse  to  the  Constitution,  so  far  as  previous  amendments  go. — 
Two  objections  have  always  struck  me  as  deserving  consideration  on 
the  subject  of  previous  amendments  :  one,  that  under  their  cover  a 
higher  game  might  be  played  ;  the  other,  that  the  hope  of  obtaining 
them  might  be  frustrated  by  the  assent  of  too  many  states.  The  former 
I  fear  more  and  more,  daily  ;  not  knowing  how  far  the  scheme  of  those, 
who  externally  patronize  them,  may  internally  extend.  Believing  that 
personal  irritation  has  roused  some  to  enlarge  their  original  views  of 
opposition,  and  having  myself  no  disposition  to  enjoy  the  credit  of 
establishing  my  own  opinion  at  the  expense  of  public  safety,  I  mention 
these  things  in  confidence  ;  especially  as  my  final  determination  will 
not  be  taken  until  I  hear  something  from  Maryland  at  least.  The 
accounts  brought  hither  yesterday  by  Mrs.  Jones,  who  had  them  from 
Col.  Hooe  of  Alexandria  are,  that  Chase,  Paca,  Mercer  and  L.  Martin 
are  elected  in  Annapolis,  to  the  exclusion  of  all  the  Carrolls  ;  and  that 
Chase  had  caused  a  clerk  of  his  to  be  elected  in  another  county,  which 
he  could  not  represent. 

"  Upon  the  subject  of  religion,  I  have  no  difficulty.  The  Indiana 
claim  seriously  affects  me.  My  idea  of  its  revival  depends  not  upon 
any  words  in  the  Constitution  expressly  giving  it  new  birth,  but  from 
the  jurisdiction  which  the  federal  court  will  enjoy.  The  question 
with  them  will  be,  is  the  right  of  the  company  an  existing  right  ?  The 
merits  cannot  be  suppressed  but  by  making  the  decision  of  the  Assem 
bly  conclusive.  This,  I  think,  is  very  difficult.  But  I  never  can  agree 
to  found  any  conduct  of  mine  upon  injustice.  I  therefore  fear  the 
claim,  only  because  it  may  create  a  ferment  with  the  settlers  in  Indi 
ana,  or  among  the  citizens,  who  may  eventually  make  them  retribution." 

The  continued  affection  of  his  State  was  shown  in  the  in 
corporation,  by  Act  of  Assembly  (Dec.  1787),  of  an  Academy  at 
Morgantown,  to  which  Randolph's  name  was  given,  and  of  which 
he  was  made  a  trustee,  with  Henry  and  Mason. 


CHAPTER  XII. 

HOW  VIRGINIA   WAS   CARRIED   FOR  THE   CONSTITUTION. 

ON  the  17  September  1887, — centenary  of  the  signing  of 
the  Constitution, — a  magnificent  and  representative  audience 
gathered  in  a  vast  amphitheatre,  constructed  on  the  square  ad 
joining  Independence  Hall,  Philadelphia.  On  the  central  platform 
sat  the  President,  his  wife,  and  members  of  his  government. 
Justices  of  the  Supreme  Court  and  of  State  courts,  Federal  and 
State  officials  of  high  position,  literary  men  and  divines  were 
present.  I  observed  on  that  dais  a  grandson  of  Patrick  Henry  r 
and  descendants  of  Franklin,  Randolph,  Hamilton,  Adams,, 
George  Mason,  Jay,  and  other  founders  of  the  nation.  An 
especially  significant  tableau  was  made  by  a  group  of  clergymen,, 
who,  before  the  Constitution  was  adopted,  used  to  bite  and 
devour  each  other.  The  religious  exercises  were  conducted  by  a 
Cardinal  and  a  Protestant  Episcopal  Bishop,  in  their  robes,  and  a 
Moravian,  who  cordially  greeted  each  other  under  a  common  flag. 
All  this  was  under  a  great  summer  morning,  amid  trees  laden 
with  boys,  amid  thousands  of  school  children,  who  will  bear  to 
posterity  the  beautiful  scenes  of  the  day.  One  scene  was  worthy 
the  pen  of  Milton.  Soon  after  the  President  began  his  oration, 
the  great  clock  of  Independence  Hall  sounded  from  the  tower 
over  us  the  hour  of  noon.  It  is  a  slow,  deep-toned,  far-reaching 
bell — the  same  that,  a  hundred  years  ago,  struck  the  twelve 
strokes  at  which  Washington  wearily  arose  from  his  chair  for  the 
last  time — when  Franklin  observed  that  the  sun  carved  on  that 
chair's  back  was  not,  as  he  had  sometimes  feared,  a  setting,  but  a 

103 


IO4  EDMUND  RANDOLPH. 

rising  sun.  The  President  now  stood  silent,  as  if  awed  by 
this  grand  music  sounding  from  the  past  to  the  present.  But 
every  solemn  stroke  was  followed  by  a  ringing  cheer  from  the 
children  ;  the  elders  caught  the  strain  ;  the  twelfth  stroke  was  fol 
lowed  by  a  shout  which  spread  far  into  the  city. 

In  the  mystical  mood  of  that  hour  one  might  recall  old 
legends  of  heroic  princes — Arthur,  Barbarossa — whom  folk-tales 
said  had  never  died,  but  were  sleeping  a  charmed  sleep  in  hidden 
grottos,  whence,  on  the  stroke  of  some  appointed  hour,  they 
would  emerge  to  lead  on  some  happiest  reign  for  their  race.  The 
historic  imagination  might  even  have  seen  emerging  from  Inde 
pendence  Hall,  as  its  clock  struck  noon  of  the  republic,  a  quaint  pro 
cession  of  gentlemen  in  wigs  and  knee-breeches,  riling  out  on  the 
platform  to  mingle  with  the  magnates  their  work  had  created. 
How  curiously  those  mighty  shades  would  examine  these  far 
away  figures  of  their  constitutional  workmanship  !  How  amazed 
they  would  be  to  find  how  much  there  was  not  of  their  workman 
ship — the  Cabinet,  for  instance,  which  they  were  so  resolved  the 
President  should  not  have  !  Astonished  they  would  be,  too, 
to  discover  that  their  ingenious  device  of  providing  that  the 
President  should  not  be  elected  by  the  people,  but  by  indepen 
dent  "  Electors,"  had  long  ago  become  a  mere  fiction. 

Between  the  imposing  centenaries  of  the  signing  of  the  Con 
stitution  and  the  beginning  of  its  operation,  little  noted  is  1888 — 
the  centenary  of  its  ratification  by  the  people  of  the  States. 
True,  three  of  these  peoples  ratified  in  the  last  month  of  1787,  and 
at  the  celebration  in  Philadelphia  little  Delaware  had  precedence 
for  being  first,  Pennsylvania  and  New  Jersey  following.  North 
Carolina  came  in  reluctantly  in  1789.  Rhode  Island  was  irrecon 
cilable  until  the  end  of  May,  1790,  with  a  Constitution  which  gave 
her  equal  power  with  New  York!  But  it  was  in  1788  that  the 
great  battles  for  and  against  the  Constitution  were  fought  and  its 
principles  sifted.  June  21,  centenary  of  the  Union,  passed  silently. 


WHAT  CONSTITUTES  A    STATE.  10$ 

It  has  required  a  hundred  years  and  some  fearful  experiences 
for  the  original  States  to  learn  that  in  those  constitutional  Con 
ventions  they  were  exercising  their  supreme  functions  to  deter 
mine  whether  those  functions  should  survive  or  perish.  Although 
the  Conventions  receive  slight  centennial  attention,  their  signifi 
cance  was  unconsciously  celebrated  by  an  arbitration  in  which 
President  Cleveland  decided  that  the  people  of  a  State,  acting  in 
constituent  Convention,  are  the  essential  State.  Fifty  years  ago 
Nicaragua,  by  such  a  Convention,  conceded  certain  territory  to 
Costa  Rica,  but  now  reclaimed  it  on  the  ground  that  the  treaty 
was  not  constitutionally  ratified.  The  Constitution  of  Nicaragua 
at  that  time  required  that  every  treaty  should  be  ratified  by  two 
branches  of  the  government,  and  the  treaty  with  Costa  Rica  was 
ratified  by  but  one.  Costa  Rica  replied  that  the  treaty,  being 
framed  and  passed  by  a  constitutionally  chosen  Convention  of  the 
people,  required  no  further  ratification.  A  State  is  not  its  legis 
lature,  executive,  and  judiciary ;  these  are  the  machinery  which 
a  people  has  created  to  carry  out  its  will,  and  which  a  people  may 
abolish.  Such  a  Convention  need  not  therefore  submit  its  de 
crees  to  subordinate  powers  of  its  own  creation.  It  is  supreme. 
In  deciding  the  case  for  Costa  Rica  the  President  assented  to  a 
principle  of  far-reaching  corollaries.  The  Convention  which  framed 
our  Constitution  was  elected  by  State  legislatures,  but  it  ex 
pressed  the  "  opinion  " — it  did  not  direct— that  the  ratifications 
should  be  by  popularly  elected  Conventions  in  the  States.  Those 
conventions  were  the  last  summoned  into  existence  by  Congress. 
The  Constitution  does,  indeed,  provide  that  amendments  to  it 
shall  be  ratified  by  three  fourths  of  the  States  through  their  legis 
latures  or  Conventions  ;  but  it  cautiously  reserved  to  Congress  the 
power  to  determine  which  of  these  two  modes  shall  be  used,  and 
it  has  always  proposed  the  legislative  method.  Congress  has  re 
frained  from  evoking  again  the  popular  Convention — the  legiti 
mate  apparatus  of  sovereignty.  So  far  as  the  nation  is  concerned, 


IO6       .  EDMUND  RANDOLPH. 

the  State  Convention  never  reappeared  again,  except  for  the  pur 
pose  of  resuming  a  sovereignty  long  surrendered. 

It  is  interesting  to  attend  these  debates  of  1788,  through  the 
historic  perspective  of  a  century.  It  is  probable  that  the  discus 
sion  in  Virginia  was  the  ablest  forensic  display  that  ever  occurred 
in  this  country.  But  although  first  principles  and  great  themes 
gave  the  debate  its  grandeur,  the  factors  of  the  struggle  were  not 
all  of  equal  elevation.  One  of  the  most  widespread  horrors  was 
of  the  British  creditor  to  whom  the  Constitution  secured  the 
barbarous  methods  of  the  time  The  ratification  carried  dread 
into  many  a  home.  I  have  before  me  a  letter  written  by  St. 
George  Tucker  to  his  step-sons,  one  of  them  John  Randolph  of 
Roanoke,  29  June  1788,  in  which  he  says: 

"  You  will  have  heard  that  the  Constitution  has  been  adopted  in  this 
State.  That  event,  my  dear  children,  affects  your  interest  more  nearly 
than  that  of  many  others.  The  recovery  of  British  debts  can  no  longer 
be  postponed,  and  there  now  seems  to  be  a  moral  certainty  that  your 
patrimony  will  all  go  to  satisfy  the  unjust  debt  from  your  papa  to  the 
Hanburys.  The  consequence,  my  dear  boys,  must  be  obvious  to  you. 
Your  sole  dependence  must  be  on  your  own  personal  abilities  and 
exertions."  1 

Such  a  wide  range  of  interests  and  sentiments  and  principles 
being  involved  in  the  issue,  the  "  anti-federalists  "  (as  they  were 
unfairly  called)  of  Virginia  and  New  York  formed  Committees  of 
Correspondence,  somewhat  like  those  which  did  service  in  the 
Revolution.  It  appears  also  that  the  mails  were  tampered  with, 
so  that  their  letters  were  sent  under  cover  to  obscure  tradesmen  in 
Richmond  and  New  York.  The  executive  chiefs  of  the  Committee 
in  New  York  were  Gov.  George  Clinton  and  General  Lamb ;  those 
of  the  Richmond  Committee,  Patrick  Henry  and  George  Mason.9 
Their  object  was  not  to  defeat  the  plan  of  forming  a  Union ;  though 
Patrick  Henry  may  have  been  somewhat  heretical  even  on  that 

1  MS.  in  possession  of  Mr.  Joseph  Bryan  of  Richmond. 

2  Lamb  MSS.  Hist.  Soc.  New  York. 


THE  RANDOLPH-HENRY  COMBAT.  IO/ 

score,  Mason  certainly  would  have  countenanced  no  scheme  of 
dissolution.  Jefferson  wrote  from  France  (his  letter  was  used  in 
the  Virginia  Convention)  that  he  hoped  nine  States  would  ratify, 
and  four  remain  out  of  the  Union  until  a  Bill  of  Rights  and  cer 
tain  amendments  were  conceded.  Mason  and  Clinton  thought 
that  the  Conventions  should  exact  the  amendments  previous  to 
ratification,  and  for  that  purpose  should  demand  a  second  na 
tional  Convention.  Madison  believed  that  a  second  Convention 
would  never  agree  on  any  Constitution  at  all.  Randolph,  as  we 
have  seen,  had  refused  to  sign  the  Constitution  except  on  the 
condition  that  it  should  be  submitted  to  a  second  national  Con 
vention.  Nor  did  he  ever  give  up  the  hope  that  there  would  be 
such  a  Convention  ;  but  he  came  to  the  conclusion  that  a  ninth 
State  should  ratify,  and  the  amendments  be  adopted  through  the 
constitutional  formula  for  summoning  Conventions.  Randolph 
differed  from  Mason  and  Jefferson  about  a  Bill  of  Rights.  He 
thought  it  out  of  place  in  a  National  Constitution  formed  of  dele 
gated  powers. 

The  struggle  in  the  Virginia  Convention,  which  opened  2  June 
1788,  was  mainly  a  combat  between  Randolph  and  Henry.  In 
argumentative  power  they  were  nearly  matched  ;  but  now  Ran 
dolph  was  heavily  handicapped  by  his  record  as  a  recusant,  and 
by  the  principles  he  had  vainly  defended  in  the  Convention  at 
Philadelphia,  concerning  which  Mason  was  present  to  supply  par 
ticulars.  Henry,  to  whom  it  was  Virginia's  life-and-death  strug 
gle,  was  able  to  hurl  at  his  antagonist  arrows  forged  and  feathered 
by  himself.  The  Governor's  strongest  shield  was  peril  of  dis 
union.  In  the  Union,  he  urged,  amendments  could  be  obtained; 
out  of  it,  none.  Randolph  was  further  burdened  by  the  fact 
that  he  profoundly  differed  from  the  majority  of  those  around 
him  in  the  matter  of  State  sovereignty,  survivals  of  which  in  the 
new  instrument,  to  him  objections,  were  to  his  opponents  its  only 
redeeming  features.  The  most  striking  passage  in  the  debate, 


IO8  EDMUND  RANDOLPH. 

perhaps,  was  that  in  which  national  and  anti-slavery  feelings  com 
bined  led  him  to  throw  away  prudence  in  replying  to  Henry's 
prophetic  allegation  that,  under  the  Constitution,  slavery  might 
be  abolished  by  the  war-power.  Instead  of  denying  it,  this  states 
man  (on  whose  motion  "  servitude  "  was  struck  out  of  the  Con 
stitution)  said  :  "  I  hope  there  is  none  here  who,  considering  the 
subject  in  the  calm  light  of  philosophy,  will  advance  an  objection 
dishonorable  to  Virginia, — that,  at  the  moment  they  are  securing 
the  rights  of  their  citizens,  there  is  a  spark  of  hope  that  those 
unfortunate  men  now  held  in  bondage  may,  by  the  operation  of 
the  general  government,  be  made  free." 

Randolph  was  so  stung  by  Henry's  insinuation  that  his  change 
was  due  to  some  personal  ambition — a  foul  blow,  excusable  only 
by  the  awfulness  of  the  issue, — that  for  once  his  equanimity  was 
lost,  and  an  affront  was  returned.  A  duel  was  anticipated  ;  but 
the  Convention  compelled  Henry  to  ask  Randolph's  pardon. 
None  knew  better  than  Henry  the  sincerity  with  which  Randolph 
presently  said  : 

"  The  highest  honors  have  no  allurements  to  charm  me.  If  he 
[Henry]  be  as  little  attached  to  public  places  as  I  am,  he  must  be  free 
from  ambition.  It  is  true  that  I  am  now  in  an  elevated  situation  ;  but 
I  consider  it  far  less  happy  or  eligible  than  that  of  an  inconsiderable 
landholder.  Give  me  peace — I  ask  no  more.  I  ask  no  honor  or  grati 
fication.  Give  me  public  peace,  and  I  will  carve  the  rest  for  myself. 
The  happiness  of  my  country  is  my  first  wish." 

Apart  from  his  domestic  and  literary  tastes,  Randolph's  long 
ing  for  private  life  was  natural ;  for  party  rancor  ruled  the  hour, 
and  he  was  incapable  of  partizanship.  At  the  outset  Governor 
Randolph  announced  that  the  accession  of  eight  States — nine 
being  required — had  reduced  the  question  before  them  to  one  of 
Union  or  no  Union;  and  raising  his  arm,  he  cried:  "  I  will  assent 
to  the  lopping  off  of  this  limb  before  I  assent  to  the  dissolution 
of  the  Union."  At  the  close  of  the  Convention  he  said : 


A  LAST  WORD.  IOQ 

"  Mr.  Chairman,  one  parting  word  I  humbly  supplicate.  The  suf 
frage  which  I  shall  give  in  favor  of  the  Constitution  will  be  ascribed 
by  malice  to  motives  unknown  to  my  breast.  Although  for  every 
other  act  of  my  life  I  shall  seek  refuge  in  the  mercy  of  God,  for  this  I 
request  only  his  justice.  If,  however,  some  future  annalist  should,  in 
the  spirit  of  party  vengeance,  deign  to  mention  my  name,  let  him  recite 
these  truths  :  That  I  went  to  the  Federal  Convention  with  the  strong 
est  affection  for  the  Union  ;  that  I  acted  there  in  full  conformity  with 
this  affection  ;  that  I  refused  to  subscribe  because  I  had,  and  still  have, 
objections  to  the  Constituion,  and  wished  a  free  inquiry  into  its  merits  ; 
and  that  the  accession  of  eight  States  reduced  our  deliberations  to  the 
single  question  of  Union  or  no  Union." 

This  was  said  on  June  25.  Had  there  been  a  telegraph  it 
would  have  informed  the  Convention  that  four  days  before  New 
Hampshire  had  supplied  the  ninth  State,  and  the  majority  of  ten 
by  which  Virginia  ratified  would  have  been  on  the  other  side. 
Four  States,  representing  more  than  a  third  of  the  population  of 
the  country,  might  have  been  left  out  of  the  new  compact ;  this 
being  the  situation  desired  by  Jefferson.  That  Virginia  was 
carried  even  by  a  small  majority  was  unquestionably  due  to  the 
eloquence  and  influence  of  its  Governor. 

The  news  which  presently  came  from  New  Hampshire,  show 
ing  the  baselessness  of  the  plea,  "  Union  or  no  Union,"  which  had 
carried  Virginia,  was  not  the  only  bitter  pill  which  the  opposition 
had  to  swallow.  There  had  occurred  during  these  events  one  of 
those  seemingly  small  but  infinitely  momentous  incidents  which 
sometimes  determine  human  destiny.  The  story  I  have  now  to 
tell,  pieced  together  from  manuscripts  found  in  different  States, 
was  not  published  ;  and,  but  that  it  is  substantiated  by  unques 
tionable  documents,  I  should  hesitate  to  disturb  its  century  of 
slumber,  lest  it  be  regarded  as  romance. 

When  the  legislature  of  Virginia  assembled  after  the  Consti 
tution  was  framed,  it  passed  a  law  on  the  subject,  and  directed 
Governor  Randolph  to  transmit  it  to  the  governors  of  the  thir 
teen  States,  to  be  laid  before  their  legislatures.  The  etiquette 


110  EDMUND  RANDOLPH. 

between  States  was  severe,  and  none  would  have  ventured  to  in 
terfere  in  the  discussions  of  another  unless  by  invitation.  But 
this  friendly  transmission  of  its  Act  by  Virginia  to  its  sister  States 
was  intended  to  supply  an  occasion  for  interchange  of  opinions. 
On  the  27  December  1787  Randolph  sent  the  Act  to  each 
governor,  "  to  be  submitted  to  the  Legislature  of  your  State."  I 
cannot  discover  that  any  miscarried,  save  one ;  that  one  was  a 
miscarriage  so  serious  for  the  opponents  and  so  helpful  to  the 
champions  of  the  new  Constitution  that  it  is  difficult  to  repress  a 
suspicion  of  foul  play.  The  Governor's  letter,  posted  at  Richmond 
on  the  27  December  1787,  did  not  reach  the  Governor  of  New 
York  until  the  7  March  1788.  This  mysterious  delay  of  two 
months  and  eleven  days  was  just  sufficient  to  prevent  its  being 
acted  on  by  the  New  York  legislature.  The  Governor  of  New 
York,  George  Clinton,  was  a  violent  opponent  of  the  new  Consti 
tution,  and  a  majority  of  the  legislature  of  his  State  sympathized 
with  his  opinions.  Had  the  enclosure  from  Virginia  arrived  in 
time  New  York  would  certainly  have  responded  with  an  offer  of 
cooperation,  which  would  greatly  have  strengthened  the  dissen 
tients  in  the  former  State,  and  in  others.  Not  only  did  Governor 
Randolph's  enclosure  reach  him  too  late  to  influence  the  New 
York  legislature,  but  the  Virginia  Assembly  had  adjourned,  so 
that  he  could  make  no  communication  to  that. 

The  Convention  of  Virginia,  to  consider  the  new  Constitution, 
was  to  meet  on  June  2  ;  that  of  New  York  on  June  17.  The 
belated  letter  from  Virginia  must  have  been  a  subject  of  long  and 
anxious  consultation  in  the  Clinton-Lamb  "  anti-federalist  "  com 
mittee.  It  was  not  answered  by  Governor  Clinton  until  8  May 
1788,  when  the  following  was  transmitted  to  Randolph: 

"  Your  Excellency's  letter  of  the  27th  of  December,  although  it  ap 
pears  to  have  been  committed  to  the  post-office  at  Richmond,  did  not 
come  to  my  hands  until  the  yth  of  March. 

"  The  Act  inclosed  was  immediately  communicated  to  the  Legisla 
ture,  but  it  was  after  they  had  passed  their  resolutions  for  calling  a  Con- 


GO  VERNOR   CLINTON'S  LE TTER.  1 1 1 

vention,  and  so  near  the  close  of  their  sessions,  that  no  order  was  taken 
in  consequence  of  it. 

"  The  system  of  government  proposed  by  the  Federal  Convention 
is  an  object  of  such  vast  importance  to  the  happiness  of  America,  that 
it  appears  to  me  essential  that  the  people  of  the  different  States  culti 
vate  and  cherish  the  most  friendly  sentiments  towards  each  other, 
especially  during  their  deliberations  on  that  interesting  subject. 

"  The  Convention  of  this  State  are  to  meet  at  Poughkeepsie,  on  the 
1 7th  of  June,  to  take  the  proposed  system  into  consideration,  and  I  am 
persuaded  they  will,  with  great  cordiality,  hold  a  communication  with 
any  sister  State  on  the  important  subject,  and  especially  with  one  so 
respectable  in  point  of  importance,  ability,  and  patriotism  as  Virginia. 
I  think  I  may  venture  to  assure  your  Excellency  that  the  people  of  this 
State  are  disposed  to  keep  up  that  friendly  intercourse,  and  preserve 
that  unanimity  respecting  any  great  change  of  Government,  which  ap 
pears  to  be  the  object  of  the  Act  of  your  legislature,  and  which  it  is  the 
duty  of  every  good  man  to  promote  and  cherish,  and  I  have  no  doubt 
but  that  our  Convention  will  possess  the  same  sentiments. 

"  As  the  session  of  your  Convention  will  take  place  before  that  of 
this  State,  they  will,  I  presume,  commence  the  measures  for  holding 
such  communications  as  shall  be  deemed  necessary. 

"  I  can  not  refrain  expressing  regret,  that  a  similar  conduct  has  not 
been  observed  by  the  States  who  have  already  had  the  proposed  system 
under  consideration.  Friendly  communications  on  the  subject,  and 
temperate  discussions,  would,  it  is  to  be  presumed,  have  had  a  most 
happy  tendency  in  accommodating  it  much  more  to  the  sentiments 
and  wishes  of  the  people  of  America,  than  is  likely  to  be  the  case  in 
the  form  it  is  offered  by  the  General  Convention,  and  acceded  to  by 
some  of  the  States.  Should  it  be  adopted  by  small  majorities  in  the 
large  States,  we  can  not  reasonably  hope  it  will  operate  so  as  to  answer 
the  salutary  purposes  designed  ;  for  I  presume  it  may  be  laid  down  as 
a  certain  truth,  that  no  government  can  be  exercised  over  this  country 
in  its  present  condition,  that  is  not  supported  by  the  affections  and  con 
fidence  of  the  people  in  general. 

"  As  I  have  no  direction  from  the  legislature  on  the  subject  of  your 
communications,  your  Excellency  will  be  pleased  to  consider  this  letter 
as  expression  of  my  own  sentiments,  but  I  have  at  the  same  time  a 
well-founded  confidence,  that  a  majority  of  the  people  of  the  State 
over  which  I  have  the  honor  to  preside  will  concur  in  them." 

This  letter  of  Gov.  Clinton  was  clearly  meant  to  reach  the 


112  EDMUND  RANDOLPH. 

Virginia  Convention,  and  was  so  timed.  Had  it  reached  that 
Convention  the  course  of  American  history  might  have  been  dif 
ferent.  It  was  duly  received  by  Randolph  ;  it  was  by  him  laid 
before  the  executive  Council ;  but  the  Convention  knew  nothing 
of  it  until  the  day  after  it  had  ratified  the  Constitution,  when  the 
letter  was  read,  amid  gnashing  of  teeth,  to  the  reassembled  legis 
lature. 

The  Convention  met  on  June  2,  and  the  final  vote  was  taken 
on  June  25.  An  extra  session  of  the  legislature  had  been  called 
for  June  23.  On  this,  the  first  day  of  its  meeting,  Governor  Ran 
dolph  sent  to  the  Assembly  the  following  message,  enclosing  the 
Clinton  letter  : 

"Richmond,  June  23,  1788. — The  enclosed  letter  from  Governor 
Clinton  of  New  York,  is  an  answer  to  a  short  circular  letter  which  I 
wrote  to  the  Executives  of  the  different  States,  transmitting  the  acts  of 
the  last  session  concerning  the  Convention.  I  laid  it  before  the 
Board  immediately  on  receiving  it,  and  requested  their  opinion, 
whether  it  was  of  a  public  or  private  nature.  They  conceived  it  to  be 
of  the  former  description,  and  therefore  it  is  now  forwarded." 

Thus  the  letter  was  sent  in  two  full  days  before  the  final  vote 
was  taken  on  ratification.  But  how  could  the  legislature  get  a 
quorum  when  near  by  the  giants  were  struggling  ?  By  a  letter 
of  Madison  to  Hamilton,  22  June  1788,  we  know  that  apprehen 
sions  were  felt  about  the  legislature  :  "  It  unluckily  happens 
that  our  legislature,  which  meets  at  this  place  [Richmond]  to 
morrow,  consists  of  a  considerable  majority  of  anti-federal  mem 
bers.  This  is  another  circumstance  that  ought  to  check  our 
confidence."  But  there  was  no  danger  from  a  legislature  crowd 
ing  to  hear  Henry  and  Randolph.  The  journals  show  that,  in 
that  extra  session,  the  Senate  had  no  quorum  until  June  25. 
The  House  first  had  a  quorum  on  the  24th,  when  the  Journal 
notes  the  reception  of  the  Governor's  message,  and  that  its  en 
closures  were  partly  read  and  laid  over  till  next  day. 

Till  next  day !     Then  this  proffer  from  New  York  of  league 


TOO  LATE.  113 

with  Virginia  might  be  too  late,  even  could  a  quorum  be  got  on 
that  last  day  of  the  great  struggle.  The  presence  of  this  silent 
scrap  of  paper  in  a  deserted  hall,  during  the  two  days  of  an  his 
toric  crisis  it  might  have  determined  differently,  may  now  lend 
even  more  impressiveness  to  the  scene  described  by  Wirt.  It 
was  on  that  same  June  24  that  Patrick  Henry  summoned  the 
storm  as  his  ally  : 

"  I  see  the  awful  immensity  of  the  dangers  with  which  it  is  preg 
nant.  I  see  it.  I  feel  it.  I  see  beings  of  a  higher  order  anxious  con 
cerning  our  decision.  When  I  see  beyond  the  horizon  that  bounds  human 
vision,  and  look  at  the  final  consummation  of  all  things,  and  see  those 
intelligent  beings  which  inhabit  the  ethereal  mansions  reviewing  the 
political  decisions  and  resolutions  which,  in  the  progress  of  time,  will 
happen  in  America,  and  the  consequent  happiness  or  misery  of  man 
kind,  I  am  led  to  believe  that  much  of  the  account,  on  one  side  or  the 
other,  will  depend  on  what  we  now  decide." 

Wirt  describes  his  invocation  to  those  celestial  beings. 

"  An  invocation  that  made  every  nerve  shudder  with  supernatural 
power  ;  when,  lo  !  a  storm  at  that  instant  arose  which  shook  the  whole 
building.  Nor  did  his  eloquence,  or  the  storm,  immediately  cease  ; 
but,  availing  himself  of  the  incident,  with  a  master's  art,  he  seemed  to 
mix  in  the  fight  of  his  ethereal  auxiliaries,  and  *  rising  on  the  wings  of 
the  tempest,  to  seize  upon  the  artillery  of  heaven  and  direct  its  fiercest 
thunders  against  the  heads  of  his  adversaries.'  The  scene  became  in 
supportable  ;  and  the  House  rose  without  the  formality  of  adjourn 
ment,  the  members  rushing  from  their  seats  with  precipitation." 

And  all  the  time  the  voice  which  might  have  saved  Henry's 
cause  was  not  in  the  heavens,  or  the  tempest,  nor  in  his  own  flame, 
but  lay  small  and  still  on  the  table  of  a  neighboring  room  made 
vacant  by  his  eloquence.  It  reads  like  some  fable  that  might 
have  been  told  by  Plato  to  justify  his  exclusion  of  poets  from 
his  Republic.  Again  on  June  25  the  orators  of  the  Convention 
denuded  the  legislature ;  the  voice  of  New  York  was  unheard  ; 
the  Constitution  was  carried. 

On  June  26  George  Mason  repaired  to  the  assembly,  of  which 


114  EDMUND  RANDOLPH, 

he  was  a  member,  and  there  heard  Gov.  Clinton's  letter  read.  I 
have  from  one  of  his  descendants  roughly  drawn  resolutions, — 
written  on  the  back  of  a  page  of  amendments  to  the  Con 
stitution, — demanding  of  Gov.  Randolph  why  Governor  Clinton's 
letter  was  not  laid  before  the  Convention  at  their  first  meet 
ing;  also  why  the  official  letter  from  Gov.  Randolph  to  Gov. 

Clinton  "  was  delayed  from  the day  of  December  to  the 

day  of  March,  in  its  conveyance  to  New  York."  But  the  angry 
resolutions  were  never  offered.  Mason  was  not  a  man  to  pursue 
a  vindictive  course,  even  had  it  not  been  probable  that  the  reso 
lutions  would  have  merely  proved  a  lapse  in  the  vigilance  of  his 
own  party.  Besides,  it  was  too  late. 

On  the  6  August  1788  Gov.  Randolph  wrote  Gov.  Clinton  an 
inquiry  concerning  the  delay  of  his  original  letter,  which  had 
excited  injurious  suspicions  against  himself ;  though,  as  the 
reader  may  find  from  his  letters,  Randolph,  even  had  he  been 
capable  of  any  trick,  was  in  sympathy  with  Clinton's  policy  at 
the  time  the  delayed  letter  was  written.  He  writes  : 

"  Your  Excellency  will  oblige  me  much,  if  you  will  turn  to  the  letter, 
which  I  wrote  to  you,  inclosing  the  law,  concerning  our  late  conven 
tion.  The  original  resolutions  appear  to  have  been  transmitted  on  the 
14th  of  Novr.  1787  ;  the  law  on  the  27*  of  decr.  1787.  It  has  been  re 
ported  here,  that  the  law  was  witholden  for  a  considerable  time.  The 
back  of  my  letter  will  shew  the  day,  on  which  it  was  put  into  the  post 
office  ;  and  I  am  desirous  of  knowing  the  date,  which  is  impressed  by 
the  postmaster.  If  your  Excellency  can  inform  me  of  any  reasons 
such  as  your  absence  from  town  &c,  which  could  have  prevented  the 
letter  from  reaching  your  hands,  as  soon  as  it  ought,  I  will  thank  you 
to  add  them.  But  I  must  beg  your  pardon  for  intruding  on  you  upon 
a  subject  which  belongs  not  to  the  public,  but  myself  only." 

Whether  the  mystery  was  ever  explained  I  cannot  discover. 
Gov.  Clinton,  in  a  letter  to  J.  Dawson  of  Virginia,  12  Dec.  1788, 
has  the  following  allusion  to  the  matter : — "  The  letter  of  the 
legislature  of  Virginia  is  not  yet  received,  and  I  am  not  without 

1  MS.  Dr.  Fogg's  Coll. 


LEGISLATURE  AND   CONVENTION.  11$ 

apprehensions  that  measures  may  be  taken  to  retard  the  delivery 
•of  it  so  as  to  defeat  its  utility.  You  will  not,  I  am  persuaded, 
ascribe  my  suspicions  on  this  occasion  to  an  undue  degree  of  jeal 
ousy  when  you  recollect  the  circumstance  respecting  my  letter 
which  was  laid  before  your  convention." 

Unless  we  assume  the  word  "  not "  accidentally  omitted 
from  its  last  sentence  this  letter  would  show  that  Gov.  Clinton 
had  not  yet  learned  the  fate  of  his  letter,  and  supposed  it  had 
merely  been  retarded  by  Gov.  Randolph  on  its  way  to  the  Con 
vention.  The  note  to  Dawson  proves,  however,  that  the  Governor 
of  New  York  had  endeavored  to  utilize  the  Governor  of  Virginia 
to  get  a  letter  before  the  Convention  of  Virginia.  The  letter  to 
Randolph  is  so  artistic  that  one  cannot  wonder  that  its  composi 
tion  should  require  two  months.  At  once  official  and  unofficial, 
public  and  private,  speaking  for  New  York  but  without  legislative 
instruction,  Gov.  Clinton's  letter  burdened  Randolph  with  a 
double  responsibility  and  risk.  Randolph  was  a  Governor, 
responsible  to  the  legislature  which  elected  him.  As  a  citizen  he 
was  a  member  of  the  Convention.  Had  he  laid  before  the  Con 
vention  a  communication  received  in  his  capacity  as  Governor, 
the  legislature  might  have  impeached  him  for  violation  of  its 
rights.  Had  he  laid  it  before  the  Convention  as  the  communica 
tion  of  one  gentleman  to  another,  the  Convention  might  resent 
such  interference  of  a  foreigner  with  their  supreme  Council  of 
State.  Gov.  Clinton  could  explain  that  he  never  dreamed  of  his 
personal  communication  being  so  used,  thus  escaping  the  odium 
while  reaping  the  advantage  of  his  letter, — the  reverse  being 
Randolph's  situation.  Had  it  really  been  a  personal  letter,  had 
he  not  meant  it  to  carry  the  weight  of  New  York,  he  might  have 
written  to  Henry  or  Mason,  under  cover  to  "  Mr.  George  Flem- 
ins,  Merchant,  Richmond."  But,  then,  had  either  of  these  gen 
tlemen  undertaken  to  be  the  conduit  of  alien  influence  to  the 
"  sovereign  "  Convention  of  Virginia,  he  might  have  started  a 


Il6  EDMUND  RANDOLPH. 

reaction  against  his  cause  without  bringing  Randolph's  official 
weight  to  bear.  The  only  possibility  of  success  in  the  manoeuvre 
was  to  somehow  compel  the  Governor  to  lay  the  letter  before  the 
Convention  and  bear  any  odium  that  might  result. 

Gov.  Randolph  laid  before  his  Council  this  ambiguous  letter. 
In  that  Executive  Council,  chosen  like  himself  by  the  legislature, 
sat  Beverley  Randolph  (who  succeeded  Edmund  as  Governor  at 
the  end  of  1788) ;  James  Wood  (President  of  the  Society  of  the 
Cincinnati,  and  afterwards  Governor  of  Virginia)  ;  James  McClurg 
(member  of  the  Constitutional  Convention  of  1787) ;  Joseph 
Jones  (of  the  Continental  Congress)  ;  and  Carter  Braxton  (signer 
of  the  Declaration  of  Independence).  It  was  necessary  for  these 
men  to  recur  to  first  principles,  and  to  decide,  a  century  before 
President  Cleveland  in  his  arbitration  between  Central  American 
republics,  on  the  relative  authority  of  a  State  government  and  a 
Convention  of  the  People  of  that  State.  What  right  had  any 
executive,  the  creature  of  a  legislature,  itself  the  creature  of  a 
Convention,  to  bring  its  apparatus  of  gubernatorial  correspond 
ence  into  the  affairs  of  a  sovereign  Convention  ?  By  what  author 
ity  could  the  creature  try  to  control  his  creator?  Only  as  a 
member  of  the  Convention  could  Randolph  use  the  letter  in  that 
body ;  and,  as  it  had  not  been  written  to  him  in  that  capacity, 
but  as  a  Governor,  he  and  his  Council  concluded  that  it  belonged 
to  the  legislature.  To  that  body  it  was  sent  on  the  earliest  day 
of  its  legal  meeting.  It  was  therefore  not  retarded  at  all.  It  was 
on  the  table  of  the  House  two  full  days  before  the  ratification  ; 
that  it  was  not  taken  up  and  brought  into  the  Convention  was 
due  to  the  neglect  of  Clinton's  allies  in  Virginia. 


CHAPTER  XIII. 

THE    INTERREGNUM. 

GOVERNOR  CLINTON'S  circular  letter  (27  July  1788),  in  pur 
suance  of  the  resolution  of  the  New  York  Convention,  inviting 
the  States  to  unite  in  their  demand  for  a  second  national  Con 
vention,  was  promptly  published  by  Gov.  Randolph.  Under  date 
of  August  13  he  writes  to  Madison : 

"  Gov.  Clinton's  letter  to  me  for  the  calling  of  a  Convention  is  this 
day  published  by  my  order.  It  will  give  contentment  to  many,  who 
are  dissatisfied.  The  problem  of  a  new  convention  has  many  difficul 
ties  in  its  solution.  But  upon  the  whole,  I  believe  the  assembly  of 
Virginia  perhaps  ought,  and  probably  will  concur  in  urging  it.  It  is 
not  too  early  ;  because  it  will  only  incorporate  the  theory  of  the  peo 
ple  with  the  theory  of  the  convention ;  and  each  of  these  theories  is 
entitled  to  equal  respect.  I  do  indeed  fear  that  the  Constitution  may 
be  enervated  if  some  States  should  prevail  in  all  their  amendments  ; 
but  if  such  be  the  will  of  America,  who  can  withstand  it  ?  For  my  own 
part,  I  fear  that  direct  taxation  may  be  too  much  weakened.  But  I 
can  only  endeavor  to  avert  that  particular  evil,  and  cannot  persuade 
myself  to  thwart  a  second  convention  merely  from  the  apprehension  of 
that  evil.  This  letter  will  probably  carry  me  sooner  into  the  Assem 
bly  than  I  intended.  I  will  prepare  a  draught  upon  this  subject,  and 
forward  a  copy  to  you  as  soon  as  I  can.  My  object  will  be  (if  possi 
ble)  to  prevent  instructions  from  being  conclusive,  if  any  should  be 
offered,  and  to  leave  the  conventionists  perfectly  free. 

u  The  Marquis  of  Condorcet  has  sent  me  some  strictures  on  the  Con 
stitution.  But  they  do  not  appear  to  me  to  have  a  better  title  to  notice 
than  the  levities  of  the  Abbe  Mably  concerning  America. 

"  North  Carolina  has  rejected  by  a  large  majority.  The  fact  may  be 
relied  on,  though  nothing  official  has  come  to  hand." 

117 


Il8  EDMUND  RANDOLPH. 

The  scheme  of  a  new  Convention  continued  in  Randolph's 
favor,  and  in  that  of  Pendleton,  "  the  president  "  referred  to  in  a 
letter  from  Richmond,  3  September  1788,  to  Madison: 

"  I  am  much  obliged  to  you  for  your  favor  of  the  25th  ulto.  Being 
in  Williamsburg  when  I  received  it,  I  imparted  it  to  our  old  friend  the 
president,  who  espouses  with  warmth  an  early  convention.  I  sincerely 
wish  that  the  valuable  parts  of  the  constitution  may  suffer  no  ill  from 
the  temper  with  which  such  a  body  will  probably  assemble.  But  is 
there  no  danger,  that,  if  the  respect  which  the  large  minorities  at  pres 
ent  command  should  be  effaced  by  delay,  the  spirit  of  amendment  will 
hereafter  be  treated  as  heretical  ?  I  confess  to  you  without  reserve 
that  I  feel  great  distrust  of  some  of  those  who  will  certainly  be  influ 
ential  agents  in  the  government,  and  whom  I  suspect  to  be  capable  of 
making  a  wicked  use  of  its  defects.  Do  not  charge  me  with  undue 
suspicion  ;  but  indeed  the  management  in  some  stages  of  the  conven 
tion  created  a  disgustful  apprehension  of  the  views  of  some  particular 
•characters.  I  reverence  Hamilton,  because  he  was  honest  and  open  in 
his  views. — Perhaps  the  States  may  not  concur  in  any  particular  cor 
rection  of  the  new  theory.  But  if  dissensions  of  opinion  should  pre 
vent  an  amendment,  the  constitution  remains  as  it  is.  If  on  the  other 
hand  they  should  be  in  unison  as  to  even  one  amendment,  it  will 
satisfy,  and  bear  down  all  malcontents. — The  Indians  have  been  outra 
geous  on  the  Southern  frontier.  I  conceive  that  we  shall  be  obliged  to 
appoint  a  commission  to  attend  the  treaty  in  South  Carolina  in  defiance 
of  the  Confederation. — Mazzei's  book  is  read  by  some  with  pleasure 
and  applause  ;  by  others  as  rather  preserving  the  good  composition 
of  certain  politicians  than  originating  much  from  himself.  I  believe 
the  work  will  sell." 

Governor  Randolph  was  at  this  time  preparing  for  the  anxious 
work  of  inaugurating  the  new  government  in  his  State. 

"  An  hundred  and  seven  members  are  assembled,"  he  writes 
(October  23),  "  among  whom  is  the  leader  of  the  opposition.  I 
have  not  seen  him,  but  I  am  told  that  he  appears  to  be  involved 
in  gloomy  mystery.  Something  is  surely  meditated  against  the 
new  Constitution  more  animated,  forcible,  and  violent  than  a 
simple  application  for  calling  a  Convention.  Whether  the  thing 
projected  will  issue  forth  in  language  only,  or  the  substance  of  an 


CHANGES   OF  FRONT  119 

act,  I  cannot  divine.  But  I  believe  I  may  safely  say  that  the 
elections  will  be  provided  for,  and  that  no  obstruction  will  arise 
to  the  government,  or  rather  will  be  attempted, — so  far  as  a 
preparation  for  organizing  it  goes." 

I  find  among  the  Lee  MSS.  a  letter  from  Theodorick  Bland, 
probably  to  R.  H.  Lee,  (Richmond,  28  Oct.  1788),  which,  as  from 
a  former  "  irreconcilable  "  to  another  has  significance.  After  com 
plaining  that  the  discredited  Congress  should  act  on  important 
matters  (financial,  etc.,)  during  the  interregnum,  and  urging  the 
importance  of  amendments  to  the  Constitution,  Col.  Bland  adds: 
"  We  have,  however,  taken  possession  of  the  Capitol.  The  Chief 
Magistrate  [Randolph]  has  (though  not  publicly)  announced  his 
resolution  to  retire  from  the  helm  and  take  a  berth  among  the 
crew — where  he  talks  of  joining  the  mutineers  either  to  trim  the 
ballast  of  the  new  government  or  put  the  ship  about." 

Patrick  Henry  was  very  sore  at  the  defeat  of  his  cause  in  Con 
vention.  His  struggle  was  unparalleled.  "  Out  of  the  twenty-three 
days  of  that  splendid  tourney,"  says  Tyler,  "  there  were  but  five 
days  in  which  he  did  not  take  the  floor.  On  each  of  several  days 
he  made  three  speeches  ;  on  one  day  he  made  five  speeches ;  on 
another  day  eight.  In  one  speech  alone  he  was  on  his  legs  for 
seven  hours."  1  And,  after  all,  to  be  defeated  by  an  alleged  fact 
that  did  not  exist,  the  supposition  that  the  ninth  State  was 
needed — and  by  lack  of  the  Clinton  letter  close  beside  him  !  Sore 
as  Henry  and  his  comrades  were  they  had  still  one  great  hope, — 
that  a  second  national  Convention  might  be  summoned.  But  the 
"  Federalists  "  were  resolved  that  no  such  Convention  should  take 
place.  Madison  had  taken  the  optimistic  view,  and  wrote  in  the 
Federalist  against  the  Madisonianism  of  1787.*  The  only  possi- 

1  "  Life  of  Patrick  Henry."     By  Moses  Coit  Tyler. 

9  The  changes  of  opinion  among  statesmen  were  such  as  to  entitle  few  to  charge 
Randolph  with  "  inconsistency."  Henry  had  been  a  devout  Federalist  until  the  year 
1787  ;  then  he  became  the  champion  of  State  sovereignty.  Madison,  after  entreating 
(in  the  Convention,  29  June  1787)  the  small  States  to  renounce  their  claim  to 


I2O  EDMUND  RANDOLPH. 

bility  of  securing  from  Congress  a  Convention  was  to  keep  Madi 
son  out  of  it.  When  the  election  was  held  Henry  rose  in  the 
Virginia  Assembly  and  announced  his  will,  and  it  was  done.  This 
defeat  of  Madison  alienated  Randolph,  who  was  the  most  loyal  of 
friends,  from  the  Henry  party,  and  he  was  eager  to  confront  them 
in  the  Assembly.  Writing  from  Richmond,  10  Nov.  1788,  he 
reports  the  event  to  Madison : 

"  On  Thursday  last  the  candidates  for  the  Senate  were  nominated  ; 
and  Mr.  Henry,  after  expatiating  largely  in  favor  of  Mr.  Lee  and  Mr. 
Grayson,  concluded  that  yourself,  whose  talents  and  integrity  he  ad 
mitted,  were  unreasonable  upon  this  occasion,  in  which  your  federal 
politics  were  so  adverse  to  the  opinions  of  many  members.  Your 
friends  Page,  Corbin,  Carrington,  and  White  were  zealous,  but  the  last 
gentleman,  having  in  the  connection  of  his  idea  something  about  in 
structions,  acknowledged  that  it  was  doubtful  whether  you  would  obey 
instructions  which  should  direct  you  to  vote  against  direct  taxation. 
'Thus,  gentlemen,'  rejoined  Mr.  Henry,  *  the  secret  is  out;  it  is 
doubted  whether  Mr.  Madison  will  obey  his  instructions.'  The  ballot 
was  opened  on  Saturday,  and  at  least  fifty  gave  you  single  votes  ;  that 
is,  threw  their  other  votes  on  persons  not  nominated.  To  the  mortifi 
cation  and  grievous  discontent  of  the  advocates  for  order  and  truth,  the 
members  were  for  R.  H.  Lee  98,  for  William  Grayson  86,  for  James 
Madison  77.  There  was  a  greater  body  than  we  calculated  upon — 
164  having  unexpectedly  voted.  Were  I  to  decide  what  would  be 
agreeable  to  my  own  feelings,  the  anxiety  and  affection  which  were 
discovered  by  your  friends  in-doors  and  your  favorers  without,  I 
would  prefer  the  situation  of  the  unsuccessful  candidate.  A  number 
of  those  who  were  with  you  were  absent,  and  this  brought  into  loss  a 
question  which  otherwise  would  have  been  clear.  The  faction  is,  I 

equality  in  the  Senate,  as  a  "  principle  confessedly  unjust ;  which  could  never  be 
admitted,  and  which,  if  admitted,  must  infuse  mortality  into  a  Constitution  which 
they  wished  to  last  forever,"  is,  as  we  have  seen,  found  {Federalist,  63,)  defending 
the  unequal  character  of  the  Senate.  When  at  the  close  of  the  century  Madison  was 
espousing  the  State  sovereignty  resolutions  of  '98,  Patrick  Henry  advanced  and  gave 
his  last  breath  to  withstand  the  men  who  had  come  over  to  his  side.  Wirt  reports 
Henry  as  saying  :  "  He  had  seen  with  regret  the  unlimited  power  over  the  purse 
and  the  sword  consigned  to  the  general  government,  but  ...  he  had  been  over 
ruled,  and  it  was  now  necessary  to  submit  to  the  constitutional  exercise  of  that 
power."  But  the  Eleventh  Amendment  was  now  a  part  of  the  Constitution,  and 
some  of  the  Amendments  for  which  Henry  had  contended. 


ROCKS  AHEAD.  1 2 1 

am  told,  endeavoring  to  arrange  the  districts  for  representatives,  so  as 
to  place  Orange  to  be  counterpoised.  For  this  district  it  is  presumed 
that  Strother  or  Mr.  Dawson  will  be  the  candidate.  In  short,  nothing 
is  left  undone,  which  can  tend  to  the  subversion  of  the  new  govern 
ment.  On  Friday  I  shall  be  a  member.  I  could  not  get  in  sooner,  as  a 
vacancy  could  not  be  sooner  created  than  to-day.  Some  attempts,  and 
those  not  a  little  strenuous,  you  will  hear  of  from  yours  most  affection 
ately." 

The  following  to  Madison  (from  Williamsburg,  27  March  1789) 
announces  an  interval  of  repose  : 

"  There  is  a  general  calm  of  politicks.  The  discontented  themselves 
seem  willing  to  wait  with  temper,  until  Congress  shall  open  their  views. 
It  gave  me  much  pleasure  to  read  your  letter  to  Col.  T.  M.  Randolph  ; 
as  it  shows  a  consciousness  of  amendments  being  necessary,  and  a  dis 
position  to  procure  them.  Altho'  I  am  convinced  that  nothing  will 
soften  the  rancour  of  some  men,  I  believe  that  moderate  and  concilia 
tory  conduct  on  the  part  of  our  federal  rulers  will  detach  from  their  viru 
lence  those  who  have  been  opposed  from  principle.  A  very  injudicious 
and  ill-written  publication  which  you  have  seen  under  the  signature  of 
'Decius,'  may  impede  perhaps  the  salutary  effect,  by  keeping  in  a  state 
of  irritation  those  minds,  which  are  well  affected  to  the  object  of  his 
bitterness.  His  facts  are  of  a  trivial  cast,  and  his  assertions  are  not 
always  correct ;  and  he  thus  becomes  vulnerable  in  almost  every  part. 
The  liberty  of  the  press  is  indeed  a  blessing  which  ought  not  to  be 
surrendered  but  with  blood  :  and  yet  it  is  not  an  ill-founded  expecta 
tion  in  those  who  deserve  well  of  their  country  that  they  should  not  be 
assailed  by  an  enemy  in  disguise,  and  have  their  characters  deeply 
wounded,  before  they  can  prepare  for  defence.  I  apply  not  this  to  any 
particular  person." 

The  philippic  of  "  Decius,"  which  excited  much  attention,  was 
clearly  directed  against  Henry,  who  was  accused  of  wishing  to 
make  Virginia  into  one  confederacy,  with  himself  for  dictator. 
He  was  accused  of  disguising  the  aim  of  a  tyrant  under  tricks  of 
the  demagogue. 

"  If,"  continues  Randolph,  in  the  same  letter,  "  the  peace  of 
this  country  is  interrupted  by  any  untoward  event,  one  of  three 
things  will  have  a  principal  agency  in  the  misfortune :  the  new 


122  EDMUND  RANDOLPH. 

Constitution,  British  debts,  and  taxes.  The  two  former  are  not 
within  the  reach  of  any  act  of  Virginia  ;  the  latter,  too,  will  be 
come  formidable  chiefly  by  the  accumulation  of  the  public 
burthens  on  account  of  federal  purposes.  I  wish  you  would  sug 
gest  some  expedient  by  which  these  dangers  can  be  averted,  and 
in  which  we  can  co-operate,  in  our  different  legislative  functions. 

"  I  feel  here  a  happiness  to  which  I  have  been  hitherto  a 
stranger,  and  which  is  not  a  little  increased  by  having  shaken  off 
a  dependence  on  those  who  think  every  man  in  office  to  be  the 
servant  of  the  legislature.  I  enjoy  that  opportunity,  which  I  long 
sought  in  vain  amidst  the  tumult  of  business,  of  examining  and 
settling  my  opinions.  But  the  scarcity  of  money  obliges  me  to 
attend  the  Court  of  Appeals,  and  to  give  advice,  which  labours, 
could  I  avoid,  would  leave  behind  them  no  cares  but  for  public 
tranquillity." 


CHAPTER   XIV. 

LAUNCHING    THE   CONSTITUTION. 

IN  the  perspective  of  a  century  things  loom  large.  The  fed 
eral  government  by  no  means  appeared  gigantic  to  the  giants  of 
those  days,  when  its  first  steps  were  taken.  The  Confederation 
had  lowered  every  thing  federal.  The  lustre  investing  Congress 
during  the  Revolution  had  faded.  The  best  men  could  hardly  be 
persuaded  to  leave  their  State  Assemblies  for  it ;  with  various  re 
sults,  among  them  a  general  irritation  in  the  States  when  Con 
gress  tried  to  make  itself  of  some  consequence.  The  idea  that 
the  States  were  to  be  the  centres  of  political  life  was  axiomatic  in 
the  South ;  especially,  in  Virginia  none  conceived  a  greater 
dignity  than  to  be  a  leader  in  its  Legislature.  For  the  guberna 
torial  dignity  had  not  then  gained  its  aureole.  The  Governor  of 
Virginia  was  a  member  of  the  Executive  Council,  much  after  that 
wise  republican  fashion  which  to-day  unites  the  president  of  the 
Swiss  Council  with  others  in  a  common  esteem  dependent  on 
their  services  and  not  on  their  rank.  In  1786  Patrick  Henry  de 
clined  to  be  re-elected  Governor,  but  gladly  accepted  a  place  in 
the  House  of  Delegates.  His  successor,  Edmund  Randolph,  fol 
lowed  the  same  course.  One  main  object  in  his  resigning  the 
governorship  and  entering  the  Assembly  was  to  conduct  the  work 
of  revising  the  Code  of  Virginia.  His  political  position  was  by  no 
means  so  happy  as  it  had  been.  There  was  an  incessant  clamor 
about  the  federal  monarchy  in  process  of  erection,  and  the  ex- 
Governor  was  an  obvious  scapegoat  for  all  actual  and  fancied 

follies  at  New  York. 

123 


124  EDMUND  RANDOLPH. 

In  a  letter  dated  Williamsburg,  19  May  1789,  he  gives 
Madison  some  account  of  the  state  of  feeling  there. 

"  We  had  received  a  confused  account  of  the  committee  of  titles 
before  your  accurate  information  reached  me.  In  it  R.  H.  Lee  was 
represented  as  having  publickly  holden  a  discourse  with  Arthur  Lee, 
and  some  of  the  representatives,  asserting  the  superior  pretensions  of 
the  Senate  to  distinction.  The  simple  but  dignified  address  from  your 
house,  in  which  we  discover  your  pen,  is  a  subject  of  general  approba 
tion,  and  is  supposed  to  have  drawn  the  best  answer  which  the  presi 
dent  has  yet  given.  Great,  indeed,  will  be  the  astonishment  of  R.  H. 
L.'s  confederates  here.  Richmond  now  resounds  with  the  report  of 
his  opinions,  brought  hither  by  young  Mr.  Randolph  ;  and  yet  it  is  an 
unmerciful  style  of  proceeding  that  we  should  enter  so  heartily  into  the 
condemnation  of  a  man  in  public  office  without  having  any  ground  to 
insinuate  any  thing  against  his  integrity  in  discharging  it." 

The  young  Mr.  Randolph  was  John  of  Roanoke,  who  had 
come  from  witnessing  the  inauguration  of  Washington,  and  listen 
ing  to  the  first  debates  of  Congress,  and  was  afire  with  the  excite 
ment  of  the  anti-constitutional  representatives  of  Virginia  in  New 
York,  some  of  them  his  own  relatives.  A  Committee  of  the 
Senate  had  reported  that  the  Executive  should  be  styled  "  His 
Highness  the  President  of  the  United  States  of  America,  and 
Protector  of  their  Liberties."  Some  were  even  suggesting  "  His 
Majesty,"  others  "  Elective  Majesty,"  because  he  represented  the 
"  Sovereignty  of  the  People."  A  senator  was  to  be  styled  "  Most 
Honorable,"  and  his  wife  "  Lady  of  the  Most  Honorable." 
Against  this  nonsense  the  Representatives,  who  were  not  then 
using  their  House  as  a  stepping-stone  to  the  Senate,  protested 
with  dignity.1 

Williamsburg  was  even  more  charming,  for  a  man  weary  of  the 
controversies  and  toils  of  official  life,  now  that  the  capital  was  trans 
ferred  to  Richmond.  The  University,  on  whose  Board  of  Visitors 

1  A  graphic  account  of  the  debates  on  titles,  and  of  the  discreditable  part  borne 
therein  by  Vice-president  Adams  and  R.  H.  Lee,  may  be  found  in  William  Maclay's 
"  Sketches  of  Debate  in  the  first  Senate  of  the  United  States." 


FORECASTS.  12$ 

Randolph  had  been  since  17/7;  of  which  Washington  was 
now  Chancellor,  and  Bishop  Madison  President ;  was  not  indeed 
so  well  attended  as  formerly,  but  there  was  a  fine  literary  circle 
there.  Yet,  as  Goethe  thought  heaven  itself  might  not  be  agree 
able  with  pious  old  ladies  saying  "  I  told  you  so,"  we  may 
imagine  that  Tazewell  Hall  might  lose  its  charm  when  beset  by 
anti-federalists  laying  at  its  door  the  latest  incidents  of  federal 
imperialism.  In  fact  Randolph  had  to  face  the  fact  not  merely 
of  unpopularity  in  his  State,  but  of  an  unpopularity  incurable  by 
reason  of  his  philosophical  dissent  from  the  political  doctrine 
of  the  great  leader — Henry, — sovereignty  of  Virginia.  His  wife's 
need  of  a  more  skilful  physician  than  could  be  found  in  that 
region,  joined  with  this  growing  feeling  of  alienage,  turned  his 
attention  to  Philadelphia  as  a  place  of  residence.  He  intimates 
this  in  a  letter  to  Madison,  between  whom  and  himself  the  most 
confidential  correspondence  had  continued  since  their  youth : 

"  I  wish  that  by  communicating  with  a  friend  I  could  forget  the  situ 
ation  of  my  wife.  She  suspects  and  I  fear  truly,  that  she  has  a  cancer 
in  her  mouth.  ...  In  this  country  real  aid  is  unattainable  ;  nay, 
even  that  species  of  aid,  which  can  merely  flatter,  is  unattainable.  I 
have  resolved,  if  the  alarm  should  prove  decidedly  true,  to  carry  her  to 
Europe  or  Philadelphia.  The  former  holds  out  the  best  source  of 
hope  ;  but  I  see  no  chance  of  converting  property  into  sterling  money. 
The  latter  would  be  visited  with  more  ease.  But  as  I  should  be  obliged 
almost  to  become  a  resident  there,  should  I  go  upon  such  an  errand, 
pecuniary  difficulties  would  be  equally  great.  An  effort,  however,  must 
be  made,  even  at  the  risque  of  my  whole  fortune.  Indeed  I  have  some 
times  seriously  thought  of  attempting  something  professional,  should 
I  be  compelled  to  visit  Philadelphia  without  being  able  to  raise  money 
from  my  estate.  In  that  case  a  new  revolution  would  take  place  with 
me.  For  if  I  found  that  I  could  live  there  I  should  emancipate  my 
slaves,  and  thus  end  my  days  without  undergoing  any  anxiety  about 
the  injustice  of  holding  them." 

Under  date  of  Williamsbtirg,  30  June  1789  he  writes  to 
Madison : 


126  EDMUND  RANDOLPH. 

"  The  amendments,  proposed  by  you,  are  much  approved  by  the 
strong  federalists  here  and  at  the  Metropolis  ;  being  considered  as  an 
anodyne  to  the  discontented.  Some  others,  equally  affectionate  to  the 
Union  but  less  sanguine  expect  to  hear,  at  the  next  session  of  Assem 
bly,  that  a  real  amelioration  of  the  Constitution  was  not  so  much 
intended,  as  a  soporific  draught  to  the  restless.  I  believe,  indeed,  that 
nothing — nay,  not  even  the  abolishment  of  direct  taxation — would 
satisfy  those  who  are  most  clamorous.  But  I  confess,  I  am  still  in  hopes 
to  see  reported  from  your  mouth  some  review  of  the  various  amend 
ments  proposed,  and  reasons  against  the  fitness  of  such  as  appeared 
improper  for  adoption. 

"I  am  now  well  persuaded,  that  there  is  danger  of  the  executive 
being  a  feebler  member  of  the  government,  than  I  once  supposed  ;  I 
therefore  must  approve  of  the  power  of  removal,  for  which  you  have 
lately  contended.  But  the  temper  of  those  who  boast  of  being  dem 
ocrats  does  not  relish  the  fabrication  of  one  great  man.  They  throw 
out  of  view,  when  they  manifest  their  intemperance  on  this  subject, 
the  probable  wickedness  of  faction." 

The  preeminent  position  which  Randolph  had  attained  at  the 
bar;  his  fame  as  the  first  Attorney  General  of  Republican  Vir 
ginia,  and  as  chief  framer  of  the  constitutional  provisions  for  the 
judiciary ;  his  experience  as  a  judge  in  cases  immediately  resulting 
from  the  breaking  up  of  the  English  law-system  in  Virginia ;  all 
pointed  him  out  as  the  right  man  for  a  place  in  the  legal  machin 
ery  of  the  government.  His  eloquence  determined  that  it  should 
be  the  part  of  Attorney  General. 

It  was  the  cruel  part  of  Henry's  insinuation  of  self-interest,  in 
the  Convention  of  1788,  that  it  set  in  motion  the  very  forces 
which  must  presently  lend  it  an  appearance  of  justification. 

Randolph  could  not  continue  in  political  life  in  Virginia ; 
his  long  training  and  statesmanship  could  alone  find  play  in  the 
federal  government.  But  how  painful  the  acceptance  of  any 
such  position  had  been  made,  by  the  insinuations  alluded  to,  is 
disclosed  in  the  following  confidential  letter  to  Madison. 

"  Williamsburg,  19  July,  1789. — I  have  received  from  Col. 
Griffin  a  letter,  dated  July  10,  1789,  in  which  is  this  passage  :  *  I  had 


PERPLEXITIES.  I2/ 

yesterday  morning  a  long  conversation  with  our  worthy  president  on 
the  subject  of  officers  of  the  judiciary  and  the  customs.  He  appears 
very  anxious  to  know  whether  any  of  the  gentlemen  who  are  now  in 
the  judiciary  department  in  the  State  of  Va.  would  prefer  the  Conti 
nental  establishment,  and  mentioned  .Mr.  Pendleton,  Mr.  Wythe,  Mr. 
Lyons,  and  Mr.  Blair,  and  ask'd  me  whether  you  had  ever  intimated  a 
wish  to  serve  in  that  or  any  other  line  under  the  federal  government. 
May  I  ask  the  favor  of  you  to  sound  Mr.  W  [ythe]  &  Mrs.  B  [lair]  on 
the  subject.  I  have  written  to  Mr.  Marshall  relative  to  the  wishes  of 
Mr.  P  [endleton]  &  Mr.  L  [ee].'  So  far  as  his  paragraph  respects  my 
self,  I  do  not  choose  to  make  a  direct  answer  to  Col.  G.,  but  through 
your  medium  ;  and  I  hope  you  will  not  find  it  inconvenient  to  com 
municate  with  him  on  the  subject.  The  following  is  a  candid  exposi 
tion  of  my  situation. 

*'  When  I  quitted  my  practice  I  had  arranged  my  affairs  in  such  a 
manner  as  amply  to  justify  the  measure  which  I  then  adopted.  The 
most  important  debt  which  I  owed  had  arisen  from  a  purchase  of  Fry's 
land  [near  Monticello],  to  which  I  had  opposed  for  payment  a  tract 
containing  twice  its  quantity  in  Charlotte.  This  I  cannot  sell  to  an 
swer  my  purpose,  and  thus  do,  and  must,  encounter  some  difficulty. 
From  those  circumstances  I  was  led  partially  to  resume  my  profession. 
Since  that  time  the  apprehension  with  respect  to  my  bosom  companion 
grows  stronger,  and  the  disorder  itself,  from  circumstances  suggested 
in  a  former  letter,  will  probably  make  a  large  demand  for  money.  I 
have  lately,  too,  discovered  a  debt  due  from  my  uncle's  estate  of  about 
;£8oo,  which  somewhat  alarms  me.  These  pressures  must  be  baffled 
by  some  vigorous  exertions. 

"  Col.  G's  letter  has,  however,  called  me  to  reflect  upon  a  differ 
ent  destination.  It  would  bring  with  it  many  conveniences  in  refer 
ence  to  the  complaint  of  my  wife,  if  a  northern  journey  should  be 
deemed  necessary  for  her.  But  these  could  be  counterbalanced  by 
the  load  of  calumny  which  would  be  poured  upon  me.  I  am  aware  in 
regard  to  those  whose  irritation  against  the  new  gov1  is  not  to  be  al 
layed,  as  I  could  not  assuage  them,  so  I  cannot  exasperate  them  to  a 
greater  degree  than  they  already  are.  But  for  any  emolument  or  honor 
whatsoever  I  would  not  hazard  the  esteem  of  the  virtuous,  who 
know  my  conduct  on  the  great  federal  topic,  and,  I  flatter  myself, 
acknowledge  its  consistency,  and,  above  all  things,  its  purity.  Yes, 
my  dear  friend,  its  purity.  For  it  has  been  insinuated  (and  in  defiance 
of  truth)  that  my  espousal  of  the  Constitution  had  alienated  even  its 


128  EDMUND  RANDOLPH. 

friends  from  me,  who  would  not  elect  me  to  the  house  of  representa 
tives.  The  insinuation  has  been  carried  so  far  as  to  apply  it  to  the  dis 
posal  of  offices  under  the  government.  My  sincere  desire  then  would 
be  to  have  it  in  my  power  to  refuse,  and  actually  to  refuse,  an  office. 
But  as  the  tender  of  a  post  could  not  be  made  on  such  ground,  I  com 
mit  myself  to  you,  and  leave  you  to  represent  this  business  to  Col. 
Griffin  as  you  please,  if  you  think  that  there  is  no  impropriety  in  my  en 
listing  under  federal  banners.  And  yet  I  ought  to  add  that  nothing 
definitive  can  be  said. 

"  On  the  2nd  of  August  I  go  for  Loudon  to  argue  a  cause  against 
Mr.  P.  Henry.  Write  me  an  answer  to  this  letter,  and  direct  for  Fred- 
ericksburg,  there  to  await  me." 

Meanwhile  Colonel  Parker  came  from  New  York,  and  inti 
mated  to  Randolph  that  the  President  desired  to  appoint  him, 
but  was  expecting  some  move  on  his  part.  Randolph,  who  had 
the  offer  of  a  seat  on  the  bench  of  the  Court  of  Appeals  of  Vir 
ginia  before  him,  was  by  no  means  sufficiently  inclined  to  re-enter 
the  political  arena  as  to  ask  for  office.  That  he  did  not  quite 
trust  Parker  appears  by  a  letter  to  Madison  of  23  July  1789 : 

"  Col.  Parker  seems  to  think,  but  I  am  persuaded  upon  grounds  in 
no  respect  tenable,  that  the  president  affects  applications  from  those 
who  are  willing  to  become  servants  of  the  U.  S.  It  is  too  outrageous 
to  be  believed,  and  even  when  believed,  cannot  be  submitted  to  by  men 
of  real  merit.  The  tincture  with  which  he  [Parker]  has  coloured  some 
subjects  has  nauseated  some  of  the  best  federalists  here.  And  the 
form  of  the  call,  with  the  president's  total  alienation  (in  point  of  din 
ners)  from  the  representatives,  has  awakened  a  degree  of  jealousy.  In 
short  he  represents  every  thing  as  marching  with  furious  rapidity  tow 
ards  monarchy, — as  far  as  manners  can  work  such  an  effect." 

In  a  letter  from  Fredericksburg,  1 8  August  1789,  a  little  epi 
sode  is  described  : 

"  I  returned  hither  from  Leesburg.  There  I  was  confronted  with 
Mr.  Henry,  and  for  three  days  we  lay  alongside  of  each  other,  with  our 
best  cannon  in  action.  It  was  a  diverting  scene,  taken  in  the  whole. 
My  client,  Charles  Carter,  must  have  been  defeated  if  a  single  point  of 
four  had  gone  against  him  ;  and  to  obtain  one,  every  thing  was  tried 
in  the  way  of  assertion,  declamation,  and  solecism.  In  three  points 


THE  PRESIDENT'S  INVITATION.  I2Q 

the  court  were  unanimous  against  Mr.  H.;  on  the  fourth  we  had  a  bare 
majority.  Thus  being  mortified  with  defeats,  and  willing  to  disguise 
them  under  the  name  of  a  compromise,  he  proposed  that  his  client, 
Robt.  Carter,  should  surrender  6,000  acres  of  land  and  ,£450.  To  this 
I  agreed,  knowing  that  two  of  the  four  points  were  in  strictness  by  no 
means  in  our  favor." 

A  note  from  Williamsburg,  26  September  1789,  contains  the 
following : 

"  The  president  is  supposed  to  have  written  to  Mr.  Adams,  while 
titles  were  in  debate,  that  if  any  were  given,  he  would  resign.  Whether 
it  be  true  or  not,  it  is  a  popular  report.  However,  I  question  if  even 
this,  added  to  his  services,  will  draw  forth  from  the  assembly  an  ad 
dress  of  congratulation.  I  will  endeavor  to  prevent  any  pain  to  him 
or  imputation  in  Virginia.  But  I  fear  the  ardor  of  those  who  wish  to 
be  conspicuous  will  not  suffer  them  to  be  prudent." 

While  he  was  writing  this  to  Madison  a  letter  from  Wash 
ington  was  on  its  way  to  him,  to  which,  after  much  thought,  he 
replied  : 

"  WILLIAMSBURG,  8  Oct.,  1789. — Although  it  may  be  improper  to  ex 
press  my  thanks  to  the  chief  magistrate  of  the  union  for  any  act  of 
office,  yet  you  will  pardon  me,  I  hope,  for  assuring  you  that  your  very 
friendly  communication  of  the  2yth  ult.  is  truly  cordial  to  me. 

"  The  appointment  is  by  no  means  unacceptable  for  its  duties  :  nor 
will  I  say  as  to  the  salary.  My  wish,  therefore,  to  obey  your  sum 
mons  will  be  restrained  by  the  following  considerations  only :  an 
ignorance  whether  it  will  require  me  to  remove  from  the  seat  of  gov 
ernment  to  attend  any  court,  &  a  difficulty  in  arranging  my  private 
affairs  early  enough  for  the  service  of  the  U.  S.  The  former  obstruc 
tion  will,  I  suppose,  be  destroyed  or  confirmed  on  the  inspection  of  the 
judiciary  bill ;  the  latter  is  of  a  more  serious  cast.  My  worthy  uncle 
left  me  all  that  he  ought  to  have  given  me,  but  it  was  not  much  better 
than  a  nominal  estate  ;  since  the  money  that  I  have  been  obliged  to 
pay  for  his  debts  and  those  of  my  father,  in  which  he  was  bound,  took 
three  fourths  of  the  value  of  that  property,  in  actual  cash  acquired  by 
my  profession.  But  I  have  added  to  this  mischief  by  two  injudicious 
purchases  of  land  made  after  the  decline  of  its  price.  These  are  loads 
around  my  neck,  and  are  rendered  more  oppressive  by  the  partition  of 
my  bonds  into  many  hands.  Time  alone  can  bring  this  evil  to  an  end. 


EDMUND  RANDOLPH. 

I  pass  over  other  debts,  as  well  as  the  necessity  of  putting  my  planta 
tions,  lying  in  distant  counties  (Albemarle  &  Charlotte),  on  a  proper 
footing,  If,  however,  the  act,  when  examined,  should  not,  as  I  suppose 
it  does  not,  contain  any  provision  which  I  cannot  get  over,  I  will  re 
pair  to  New  York  as  soon  as  I  possibly  can.  I  hope  that  March  will 
be  in  time,  for  then  I  can  carry  my  whole  family.  In  the  meantime,  if 
any  professional  aid  should  be  demanded  by  the  government,  I  hope 
there  would  be  no  impropriety  in  soliciting  the  aid  of  some  gentle 
man  on  the  spot  to  render  it  in  my  behalf. 

"  But  I  cannot  conceal  a  desire  to  remain  in  the  Assembly  until  the 
end  of  the  ensuing  session.  I  have  been  employed  for  more  than  six 
weeks  in  completing  a  revision  of  our  laws  upon  a  scale  which  alone 
will  please  a  majority.  Their  confusion  has  caused  calamities  scarcely 
to  be  comprehended.  Our  statute  laws  are  dispersed  through  six 
unwieldly  volumes,  of  which  ten  copies  are  not  to  be  found,  I  verily 
believe,  in  the  State.  Our  local  accounts  are  in  8  different  volumes, 
amount  to  at  least  1300,  and  may  be  reduced  to  350.  This  work  will, 
I  am  confident,  miscarry  without  the  support  of  some  man  who  has  its 
success  at  heart.  I  can  signify  my  acceptance  without  being  disquali 
fied,  and  finish  this  indispensable  business.  With  your  permission, 
therefore,  I  will,  should  I  determine  to  accept  at  last,  postpone  an 
answer  until  you  drop  me  a  hint  on  the  subject  of  delay. 

"  This  letter  is  written  under  the  affliction  of  a  severe  fever,  into 
which  I  have  relapsed  after  a  perfect  cure,  as  I  presumed,  about  two 
weeks  ago.  But  knowing  I  write  to  one  who  has  always  shown  himself 
regardful  of  me  beyond  my  deserts,  I  shall  conclude  with  repeating  to 
you  my  dear  sir,  that  I  am  your  obliged  and  affectionate  friend,"  etc. 

To  Madison  he  writes,  10  October : 

"  There  are  many  causes,  however,  which,  besides  the  curse  of  ex 
patriation  (you  see  I  am  not  yet  a  strict  American),  must  detain  me 
here  some  time,  such  as  the  dispersion  of  my  property,  so  as  to  render 
several  agents  necessary — the  complete  arrangement  of  my  old  law  busi 
ness — the  settlement  of  an  executorship,  and  the  adjustment  of  my  debts. 
I  confess,  too,  that  I  wish  to  be  in  the  next  Assembly  for  some  time,  in 
order  to  reduce  the  eight  volumes  of  our  laws  into  one.  Prepared  as  I 
am,  this  work  will  not  occupy  twenty  days." 

In  a  letter  to  Washington,  from  Richmond,  22  November  1789, 
he  expresses  hope  of  going  to  New  York  on  the  15  January, 
and  adds : 


REVISION  OF  LAWS.  13! 

"  In  a  fortnight  the  Assembly  will  rise.  Mr.  Henry  has  quitted 
rather  in  discontent,  that  the  present  Assembly  is  not  so  pleasant  as 
the  last.  He  moved,  before  his  departure,  to  postpone  the  considera 
tion  of  the  amendments  until  the  next  session.  His  motion  now  lies 
upon  the  table  to  be  discussed  to-morrow.  I  think  the  result  will  be  to 
ratify  the  first  ten,  and  adjourn  the  remaining  two  over  on  account  of 
their  ambiguity.  A  motion  will  also  be  made  to-morrow  to  publish  an 
inflammatory  letter,  written  by  our  senators  to  the  Assembly.  This 
will  be  opposed  so  far  as  relates  to  publication  under  legislative  sanction. 

"  The  plan  for  a  revisal  of  our  laws  as  mentioned  in  my  former 
letter,  has  been  approved,  after  a  marked  malignity  shown  to  it  by  our 
demagogues.  In  a  day  or  two  we  shall  be  agitated  by  a  question  on 
the  sale  of  the  glebes.  The  partizans  of  this  iniquity  wish  to  keep  it 
off  until  next  year.  But  it  is  determined  to  prepare  an  antidote  to 
their  misrepresentations  by  stating  the  title  of  the  church  in  a  pointed 
manner.  If  we  find  it  practicable,  we  shall  draw  the  Assembly  to  a 
final  decision." 

On  Dec.  1 5  he  reports  having  probed  Chancellor  Wythe  to 
find  if  he  will  accept  a  federal  judgeship.  He  says  Wythe  "  sits  in 
a  kind  of  legal  monarchy,  which  to  him  is  the  highest  possible 
gratification." 


CHAPTER   XV. 

RES    ANGUSTA    MILITLE. 

THE  revolutionary  patriots  of  Virginia  were  veritable  "  Cin 
cinnati  " :  they  went  from  acres  where  they  and  their  children 
were  fed  at  the  very  breast  of  Mother  Earth.  There  they  needed 
little  cash.  But  when  they  left  home,  especially  when  in  north 
ern  cities,  their  acres  turned  to  poverty.  Patrick  Henry's  poverty 
partly  prevented  his  attending  the  Constitutional  Convention  at 
Philadelphia.  Washington  borrowed  money  for  the  journey  to 
his  first  inauguration.  Randolph  suffered  sadly  from  impecuni- 
osity  from  causes  somewhat  peculiar. 

From  his  twenty-second  to  his  forty-second  year,  Randolph 
was  never  out  of  office,  although  he  never  sought  it.  Offices 
are  now  lucrative,  but  at  that  time  they  were  costly  to  the 
occupant.  While  Randolph  had  been  at  the  same  time  Attor 
ney  of  Virginia  and  Member  of  Congress,  receiving  from  both 
together  little  more  than  would  pay  for  his  journeyings  be 
tween  Williamsburg  and  Philadelphia,  his  private  business 
was  necessarily  neglected.  For  many  years  he  was  overloaded 
with  public  work, — ill-paid  and  often  unpaid, — and  sometimes 
work  he  disliked :  he  must  work  on  every  State  committee, 
vindicate  the  title  to  Western  lands,  settle  boundaries,  revise 
the  code,  besides  being  dragged  into  enterprises  for  the  profit 
of  others,  such  as  the  Potomac  and  James  River  Company. 
At  the  same  time  he  was  the  dependence  of  a  number  of  relatives 
and  a  horde  of  negroes.  He  was  the  attorney  of  a  large  connec- 

132 


MRS.  RANDOLPH.  133 

tion  whose  fees  when  offered  were  often  refused,  and  he  managed 
without  payment  the  interests  of  Madison  and  the  more  complex 
affairs  of  Washington.  Perhaps,  had  he  known  more  of  Ran 
dolph's  affairs,  Washington  might  have  insisted  on  paying  him 
for  his  legal  services,  especially  in  the  case  of  lands  added  to  his 
estate.  When  Jefferson  went  to  France  he  turned  over  a  num 
ber  of  his  most  important  law-cases  to  Randolph,  as  is  shown  by 
his  books  at  Edgehill.  The  State  Attorney  might,  indeed,  have 
made  money  enough  to  support  even  an  invalid  wife  and  grow 
ing  family,  during  the  intervals  of  official  duty  inconsistent  with 
private  practice,  had  it  not  been  for  his  generosity  toward  his 
friends.  And  especially  towards  Washington,  whose  letter-books 
in  the  State  Department,  in  documents  passed  over  by  historians, 
confirm  Randolph's  manuscripts  now  before  me,  showing  that 
during  the  time  of  the  latter's  performance  of  his  overwhelming 
duties  as  Attorney  General  he  was  attending  to  the  President's 
private  law-business  in  Virginia;  and  to  the  last  without  remu 
neration. 

The  first  step  of  Randolph  towards  New  York  was  to  mort 
gage  his  farm  in  Charlotte  County  to  William  and  Mary  College 
for  .£1,200,  Virginia  currency. 

The  salary  of  the  Attorney  General,  fixed  by  the  Senate  at 
$2,000,  had  been,  perhaps  to  punish  Randolph's  federalism,  re 
duced  by  the  House  to  $1,500.  Madison  was  unable  to  find  a 
house  in  New  York  fit  for  his  friend  to  live  in  for  less  than  $250, 
though  Randolph  had  begged  him  to  get  one  for  less.  "  Fru 
gality  is  my  object,  and  therefore  a  house  near  the  town  which 
is  cheap  in  point  of  rent  would  suit  me.  An  hundred  and  sixty- 
six  f  dollars,  ^50  Va.  currency,  is  what  I  think  I  may  allow  per 
annum."  Having  gone  on  to  make  arrangements  for  the  recep 
tion  of  his  invalid  wife,  he  made  report  14  Feb.  1790: 

"  My  dearest  Betsy  :  I  can  now  inform  you  with  certainty  that  I 
shall  return  to  Virginia  to  bring  my  treasures  thence  ;  and  indeed  if 


134  EDMUND  RANDOLPH. 

the  importunity  of  the  President  with  me  to  stay  had  not  been  over 
whelming  I  should  not  have  hesitated  about  a  resignation.  I  hold  my 
purpose  to  leave  this  place  on  Sunday  next  (the  2ist).  Nothing  ap 
pears  probable  in  the  form  of  an  obstacle  unless  the  river  here  should 
be  frozen.  .  .  .  The  President  insists,  and  I  have  promised  to  be  here 
by  the  20th  April  precisely.  We  must  therefore  without  fail  begin  our 
journey  on  the  first  day  of  April.  ...  I  am  afraid  it  may  be  inconve 
nient  and  indeed  painful  to  you,  my  dear  wife,  but  I  candidly  tell  you 
that  I  shall  not  be  able  to  return  to  accompany  you  after  the  present 
trip.  Let  us  not,  I  beseech  you,  be  longer  separated  than  the  strange 
vicissitudes  of  life  render  indispensable.  Prepare  yourself  and  the  girls 
for  the  trip.  I  shall  provide  the  conveyances.  I  have  a  house  at  a 
mile  and  a  half  or  thereabouts  from  the  Federal  Hall  ;  that  is,  from  the 
most  public  part  of  the  city.  It  is,  in  fact,  in  the  country,  is  airy,  has 
seven  rooms,  is  well  finished  and  gentlemanlike.  The  rent,  ^75  our 
money.  Good  water  is  difficult  to  be  found  in  this  place,  and  the  in 
habitants  are  obliged  to  receive  water  for  tea,  and  other  purposes  which 
do  not  admit  brackish  water,  from  hogsheads  brought  about  every  day 
in  drays.  At  our  house  there  is  an  excellent  pump  of  fresh  water  I  am 
told.  ...  I  am  resolved  against  any  company  of  form,  and  to  live  merely 
a  private  life.  I  confess  I  \torn\  our  house  in  Williamsburg  \torn\ 
pleasing  to  me  than  \torn\.  If  Molly  can  be  prevailed  on  to  come  with 
us  it  would  be  very  grateful  to  me,  as  I  am  sure  you  will  want  her  aid. 
My  two  chief  anxieties  on  this  subject  are  the  difficulty  of  your  travel 
ling  in  your  present  situation,  and  the  preference  you  would  give  to 
being  confined  in  Virginia  rather  than  here.  But  what  am  I  to  do,  thou 
dearest  object  of  my  soul  ?  I  will  consent  to  any  thing  but  an  absence 
from  you.  I  will  provide  you  with  a  gentle  and  easy  passage.  I  undergo 
a  mixture  of  sensations  when  I  think  of  our  new  plans.  But  it  comforts 
me  to  think  that  my  affectionate  bosom  friend  will  be  with  me,  and  that 
I  really  believe  she  may  be  happy.  Until  we  meet,  keep  in  remembrance 
my  never-failing  love  for  the  best  of  women.  Adieu,  my  dearest  girl. 
Yours  most  affectionately  and  eternally,  E.  R." 

But  while  the  President  proposed,  Mrs.  Randolph  was  in 
a  condition  to  dispose.  Randolph  found  his  entire  family  ill 
in  Williamsburg.  His  wife  had  suffered  a  miscarriage,  and  for 
more  than  a  month  was  so  low  that  her  life  would  have  been  im 
perilled  by  mere  mention  of  his  leaving  her.  He  had  no  alter 
native  but  to  offer  his  resignation,  if  his  absence  were  considered 


THE  ATTORNEY  GENERAL'S  SALARY.  135 

injurious  to  public  business ;  but  this  was  not  accepted  by  the 
President,  who  wrote  him  a  generous  letter.  Early  in  May  1790 
the  Attorney  General  arrived  with  his  wife  and  children  at  the 
suburban  seven-roomed  house  in  New  York. 

He  soon  found  the  salary  ($1500)  insufficient  for  his  support- 
The  most  casual  reference  to  the  early  State  papers,  and  the  large 
number  of  difficult  legal  questions  with  which  he  dealt,  show 
Randolph's  herculean  work  at  a  time  when  he  was  compelled  to 
oscillate  between  Virginia  and  New  York  in  order  to  keep  his 
income  to  the  point  necessary  for  the  plainest  subsistence.  Con 
cerning  the  inadequacy  of  his  salary  he  unbosoms  himself  to  his 
most  intimate  friend  (the  note  is  only  dated  "  Sunday  evening," 
but  was  written  in  1790)  : 

"  With  every  frugality,  almost  bordering  on  meanness,  I  cannot  live 
upon  it  as  it  now  stands.  Why  I  cannot  make  much  advantage  for 
practising  the  law,  you  have  heard  from  me  at  the  beginning  of  the 
session.  This  is  not  all.  I  am  a  sort  of  mongrel  between  the  State 
and  the  U.  S. ;  called  an  officer  of  some  rank  under  the  latter,  and  yet 
thrust  out  to  get  a  livelihood  in  the  former, — perhaps  in  a  petty  mayor's 
or  county  court.  I  cannot  say  much  on  this  head  without  pain,  which, 
could  I  have  foreseen  it,  would  have  kept  me  at  home  to  encounter  my 
pecuniary  difficulties  there,  rather  than  add  to  them  here.  I  meditate 
a  letter  to  the  President, — and  yet  I  know  not  what  he  could  do  but  lay 
my  letter,  which  would  be  interpreted  into  a  supplication,  before  Con 
gress.  I  am  ready  to  be  confined  to  the  federal  service, — how  exten 
sive  soever  ;  though,  by  the  way,  I  do  more  in  that  way  with  my  own 
hands  than  one  of  the  departments  with  its  clerks." 

Virginia  had  sent  to  the  first  Congress  a  very  Vigilance  Com 
mittee  of  "  anti-federalists,"  and  there  was  little  chance  that  they 
would  favor  any  proposal  to  raise  the  salary  of  the  man  who 
had  been  the  means  of  securing  the  ratification  of  the  Constitu 
tion  by  their  State.  However,  they  presently  began  to  be 
proud  of  him,  and  on  March  3  of  the  following  year,  $400  was 
voted  in  addition.  (This  sum  seems  to  have  been  added,  by  a 
special  annual  vote,  up  to  1797,  when  the  salary,  for  Charles 


136  EDMUND  RANDOLPH. 

Lee,  was  made  $2,000.)  On  $1,900,  then,  Randolph  had  to 
support  a  wife  in  constant  need  of  medical  attention,  to  educate 
his  children,  and  to  approach  as  nearly  as  he  could  the  style 
suitable  for  an  Attorney  General  of  the  United  States.  Probably 
this  would  have  been  impossible  had  it  not  been  for  rigid 
economy,  and  the  attention  given  to  his  affairs  in  Virginia  by 
his  always  devoted  brother-in-law,  Hon.  Wilson  Gary  Nicholas. 
For  some  years  Randolph  was  steadily  losing  money  by  his  un 
wearied  services  to  the  nation. 

At  Philadelphia  Randolph  had  three  youths  entrusted  to  him 
for  instruction  in  law.  They  did  not  reside  in  his  house,  but 
intimacy  with  their  families  caused  anxieties  concerning  them. 
One  was  Lawrence  Washington,  the  President's  nephew,  for 
whom  Themis  vainly  contended  with  the  charms  of  a  Phila 
delphia  beauty.  Washington  suspected  that  the  youth's  neg 
lect  of  study  was  due  to  incipient  vices,  but  Randolph  discovered 
his  betrothal  to  Miss  Emlyn,  daughter  of  a  wealthy  gentleman. 
Randolph  informs  Washington  that  Lawrence  proposed  to  wait 
a  year  before  marriage,  the  young  lady  being  but  sixteen  ;  but 
meanwhile,  his  professional  studies  being  evidently  at  an  end, 
the  instructor  returns  so  much  of  the  prepaid  ;£ioo  (Va.  money) 
as  would  belong  to  the  rest  of  his  time. 

This  was  a  mild  trouble  compared  with  that  undergone  with 
another  pupil,  known  to  fame  as  John  Randolph  of  Roanoke. 

On  the  fly-leaf  of  Hume's  "Treatise  on  Human  Nature,"  was 
found  some  years  ago  :  "  I  was  sent  to  Philadelphia  in  the  year 
1790  to  study  law  with  the  then  Attorney  General  of  the 
United  States  (Edmund  Randolph).  This  book  was  the  first 
he  put  into  my  hands,  telling  me  that  he  had  planned  a  sys 
tem  of  study  for  me,  and  wished  me  to  go  through  a  course 
of  metaphysical  reading.  After  I  returned  the  book  he  gave  me 
Shakespeare  to  read,  then  Beattie  on  Truth,  after  that  Kaime's 
'  Elements  of  Criticism,'  and  fifthly  Gillies'  *  History  of  Greece.' 


JOHN  RANDOLPH  OF  ROANOKE.  137 

What  an  admirable  system  of  study !  What  a  complete  course 
of  Metaphysics!  Risum  teneatis?— J.  R.  Jr.,  June  30,  i/Qfive, 
23d  year."  Unpublished  letters  of  this  youth  are  before  me, 
showing  that  he  had  no  idea  of  applying  himself  to  law  ;  with 
the  prospect  of  a  fortune  before  him  he  cared  only  for  pleasure 
and  politics  that  first  year.  He  had  a  turn  for  poetry,  however, 
and  Edmund  Randolph's  course  was  not  a  bad  one  for  his 
solidification,  even  had  it  been  accurately  reported. 

John  of  Roanoke's  insanity  showed  itself  in  youth  in  an  in 
tense  hatred  of  every  teacher  who  tried  to  instruct  him,  and 
gradually  few  benefactors  remained  unsuspected  by  him.  Among 
others  even  his  devoted  step-father,  St.  George  Tucker,  one  of 
the  best  men  of  his  time,  was  ultimately  maligned  by  him.  I 
have  before  me  an  unpublished  letter  of  St.  George  Tucker  to 
this  youth  (18  Aug.  1791),  enclosing  $268  for  his  gambling 
debts,  and  patiently  adding :  "  This,  I  hope,  my  dear  son,  will  be 
the  last  demand  of  the  kind  you  will  ever  have  to  pay,  and  I 
rely  on  your  promise  that  it  shall."  The  following  sentences  in 
the  same  letter  show  what  this  learned  man  thought  of  Ed 
mund  Randolph's  course  with  his  wayward  relative  :  "  I  can  now 
only  add  that  I  am  pleased  with  the  course  of  study  you  tell  me 
you  have  been  pursuing.  I  wish  you  to  pursue  Mr.  Randolph's 
advice  in  respect  to  the  mathematics, — a  study  of  all  others  the 
best  calculated  to  qualify  the  mind  for  close  reasoning."  The 
Attorney  General's  other  student,  John  Bryan,  got  John  Ran 
dolph  out  of  a  scrape  so  serious  that  neither  would  reveal  it. 

John  Randolph  of  Roanoke's  life-tragedy  was  the  sum-total 
of  his  lost  opportunities.  The  influence  of  the  Attorney  Gen 
eral  on  him — symbolized  even  in  the  imitation  of  his  hand 
writing — was  greater  than  the  pupil  appreciated.  While  the 
young  man  was  sitting  at  the  feet  of  Jefferson,  and  imbibing 
French  radicalism — so  that  he  dated  his  letters  "  Floreal,"  and 
named  his  horse  "  Jacobin," — Edmund  made  him  read  Burke,  and 


138  EDMUND  RANDOLPH. 

instructed  him  in  the  principles  of  the  English  Constitution, 
which  few  statesmen  of  the  time  understood. 

When  John  Randolph  of  Roanoke  was  in  Congress,  denoun 
cing  the  revolutionary  imperialism  of  France, — riding  now  his 
horse  "  Radical,"  no  longer  "  Jacobin," — his  occasional  exposi 
tions  of  the  English  Constitution  were  such  as  his  law-instructor 
had  taught  him.  Such  was  his  rebuke  of  those  who  used  the 
President's  name  to  influence  votes  in  Congress,  and  his  regret 
that  the  Cabinet  did  not  here,  as  in  England,  occupy  seats  in 
the  House  of  Representatives. 

It  is  probable  that,  from  his  salary,'  law  students,  and  all 
other  sources,  the  income  of  our  First  Attorney  General,  after 
his  first  year,  averaged  $3,000. 

To  conclude :  it  may  be  fairly  said  that  in  those  early  days, 
when  eminent  men  freely  sacrificed  their  private  fortunes  to  the 
public  service,  Edmund  Randolph  suffered  more  than  others 
through  his  indulgence  to  negroes  who  did  not  support  them 
selves,  through  the  friendship  which  gave  so  much  time  to  un 
paid  professional  services,  the  expensiveness  of  farms  whose  pro 
duce  could  neither  be  used  nor  profitably  taken  to  any  market, 
and  through  money  sent  to  his  mother,  in  London. 


CHAPTER  XVI. 

THE  FIRST  ATTORNEY    GENERAL. 

BEFORE  me  lies  George  Mason's  copy  of  the  Constitution,, 
on  the  blank  pages  of  which  are  written  his  objections.  One  is 
prophetic  :  "  The  President  has  no  Constitutional  Council  (a 
thing  unknown  in  any  safe  and  regular  government).  He  will 
therefore  be  unsupported  by  proper  information  and  advice,  and 
will  be  directed  by  minions  and  favorites ;  or  he  will  become  a 
tool  to  the  Senate  ;  or  a  Council  of  State  will  grow  out  of  the 
principal  officers  of  the  great  departments — the  worst  and  most 
dangerous  of  all  ingredients  for  such  a  Council  in  a  free  country." 
This  statement  was  afterwards  printed  and  amplified. 

Not  only  did  the  first  President  at  once  create  a  Council  out 
of  the  heads  of  the  great  departments,  but  he  sometimes  abdicated 
in  its  favor  the  executive  functions.  Few  instances  are  known  of 
his  deciding  against  a  majority  of  this  unconstitutional  "  Cabinet," 
and  he  several  times  wrote  to  his  friends  that  he  followed  the 
vote  of  his  Cabinet  against  his  judgment.  Through  a  necessity 
of  his  mental  constitution,  as  moulded  under  Virginia  versions  of 
the  English  Constitution,  he  held  the  idea  that  a  governor  is  pre 
siding  officer  of  an  Executive  Board,  of  which  he  is  a  member ; 
but  with  this  he  had  combined  the  Commander's  sense  of  indi 
vidual  prerogative.  Add  to  this  the  large  patriotism  which,  once 
having  created  a  Cabinet,  must  needs  bring  into  it  the  chiefs  of 
hostile  political  clans,  and  the  mongrel  nature  of  the  first  admin 
istration  is  manifest.  Speaking  of  the  Constitution,  Randolph 

139 


I4O  EDMUND  RANDOLPH, 

once  wrote  :  "  From  the  texture  of  the  system,  many  powers  are 
vaguely  granted  without  regard  to  accuracy  in  their  nature  and 
uncircumscribed  in  their  extent."  Washington's  government  was 
open  to  the  competition  of  contending  principles  popularly  but 
erroneously  supposed  to  have  been  settled  by  the  Constitution. 
The  representative  of  the  democratic  idea,  unconscious  of  the 
imperialism  at  its  heart,  was  Jefferson.  With  much  theoretical 
subtlety  and  radical  enthusiasm,  he  was  what  Napoleon  would 
have  called  an  "  ideologist "  (until  he  became  Napoleon's  idola 
ter).  But  Jefferson  was  timid,  as  his  great  antagonist,  Hamilton, 
was  daring.  In  this  small  West  Indian,  reared  in  pride  of  the 
British  flag,  there  dwelt  a  pluck  which  easily  passed  to  reckless 
ness.  The  ambitious  personality  which  made  him  an  adventurer 
in  New  York  at  fifteen,  the  egoism  at  twenty-four  which  rebelled 
against  the  inferiority  of  being  an  Aide  even  to  Washington,  had 
been  concentrated  at  thirty  in  an  idea  of  American  nationality  of 
the  military  type.  As  the  United  States  government,  born  of 
revolution,  was  long  under  menace  of  foreign  war,  and  as  the 
President  was  a  half-military,  half-civic  officer,  with  a  separate 
constitution  related  to  each  half,  Hamilton  found  little  check  in 
the  peaceful  forms  of  that  document  to  the  autocracy  of  a  presi 
dent  holding  the  sword,  while  his  treasurer  held  the  purse,  of  the 
nation.  Jefferson  trembled  before  this  man  with  sword  thinly 
sheathed  in  his  tongue.  The  big,  easy-going  Knox,  Secretary 
of  War,  became  one  of  Hamilton's  fingers ;  so  also  did 
Timothy  Pickering,  when  he  succeeded  Knox.  And  young 
Bradford,  when  he  became  Attorney  General,  at  once  surrendered 
to  the  West  Indian  bow  and  spear.  Randolph,  however,  had  as 
much  courage  as  Hamilton ;  and  as,  at  first,  Jefferson  and 
Washington  voted  together,  there  was  much  truth  in  what  the 
Secretary  of  State  wrote  to  Madison  :  "  The  government  is  now 
solely  directed  by  Randolph." 

Upon   the  Attorney  General  devolved  also  the  whole  legal 


ENGLISH  AND  FRENCH  STUDIES.  14! 

service  and  advice  of  the  Administration.  For  fifteen  generations 
eminent  Randolphs,  in  the  old  world  and  the  new,  had  officially 
represented  English  law  and  equity.  To  the  judicial  genius  thus 
inherited  had  been  added,  in  the  first  Attorney  General  of  this 
country,  a  cumulative  culture  in  constitutional  law,  English  and 
American.  The  antediluvian  notions  of  the  English  Constitution 
diffused  by  Blackstone  through  this  country,  as  Justice  Wilson 
complained,  or  Hamilton's  fallacies  (Federalist,  68)  concerning 
British  monarchy,  for  which  an  Eton  schoolboy  would  be  flogged, 
were  impossible  to  a  man  who  had  studied  law  with  two  King's 
Attorneys.  Peyton  Randolph,  at  the  opening  of  his  career,  had 
learned  by  a  severe  fall  that  English  justice  was  ready  to  over 
rule  the  intolerance  lingering  in  English  colonies.  Edmund 
Randolph  was  old  enough  to  remember  when  John  Mercer  of 
Marlborough,  first  editor  of  Virginia  laws,  came  to  Williams- 
burg  with  an  elaborate  written  argument  proving  the  Stamp 
Act  unconstitutional,  an  opinion  which  produced  that  unanimity 
with  which  the  Act  was  confronted,  and  which  prevailed  in  Eng 
land.1  In  the  same  way,  as  we  have  seen,  his  uncle  Peyton  had 
successfully  pleaded  before  the  King's  Bench  in  London  the 
unconstitutionality  of  the  pistole  fee  on  Virginia  land  patents.  No 
American  understood  better  than  Randolph  the  unconstitutional 
ity  of  the  British  vice-regal  oppressions  which  the  Revolution  re 
sisted.  As  the  first  Attorney  General  of  republican  Virginia,  taking 
up  for  the  commonwealth  the  task  for  the  crown  fallen  from  his 
father's  hand,  Randolph  had  acted  an  important  part  in  inaugura 
ting  the  judiciary  system  which  was  largely  incorporated  in  the 
Federal  Constitution.  In  addition  to  this  he  had  made  a  special 
study  of  French  law.  His  grandfather  had  been  under  the  tuition 
of  a  learned  Huguenot,  and  French  studies  had  been  of  traditional 
importance  in  the  family.  Jefferson's  letters  from  Paris  show  him 
procuring  works  in  that  language  for  Randolph.  Such  studies 

1  MS. 


142  EDMUND   RANDOLPH. 

could  belittle  available  in  the  small  contests  which  made  lucrative 
practice  in  Virginia,  but  while  he  found  this  irksome  Randolph 
loved  the  science  of  law.  He  and  his  friend  in  Williamsburg, 
Joseph  Prentis,  had  many  a  happy  day  in  Tazewell  Hall,  digest 
ing  and  revising  the  Code,  published  in  Richmond,  1794.  The 
President's  invitation  to  enter  the  Federal  service  found  him  un 
willing  to  abandon  this  task,  whose  completion  was  his  parting 
gift  to  Virginia ;  or,  in  the  language  of  the  subjoined  letter  (28 
June  1790),  to  "  his  country  "  ;  for  he  has  not  yet  unlearned  that 
filial  phraseology  which  survived  as  a  Virginian  creed  long  enough 
to  be  engraved  on  monuments  of  her  martyrs.  "  I  do  myself 
the  honor  to  inform  you  that  Mr.  Prentis  and  myself  have  sub 
scribed  our  names  to  the  report  which  is  to  be  made  to  the  next 
Assembly  concerning  the  laws.  ...  If  contrary  to  my  expecta 
tions  any  thing  further  should  be  required  to  be  done  in  that  busi 
ness,  I  shall  not  hold  myself  excused  from  engaging  in  it  by  any 
distance  from  my  country,  which  will  have  a  right  to  command  my 
humble  services  under  all  circumstances  and  at  all  times."  This 
was  written  apparently  to  Beverley  Randolph,  who  had  suc 
ceeded  him  as  Governor. 

The  first  Attorney  General  had  not  only  to  create  his  office, 
but  to  adapt  the  whole  judiciary  apparatus  of  the  country  to  its 
work.  The  organizing  Judiciary  Act  of  1789,  drawn  by  Ells 
worth,  was  still  to  be  tested  by  experience,  and  there  had  been 
sufficient  friction  to  cause  the  House  of  Representatives  to 
request  its  revision  by  Randolph.  A  critical  perusal  of  Ran 
dolph's  comprehensive  report  was  graciously  undertaken  for  me 
by  Mr.  Justice  Matthews, — the  first  to  take  an  interest  in  my 
researches  into  the  life  of  one  who,  to  use  his  words,  "  was 
certainly  a  most  interesting  character,  and  played  a  very  im 
portant  part  in  that  period  of  our  history  which  above  all  others 
deserves  study."  I  am  permitted  to  print  Judge  Matthews'  letter,, 
though  not  written  for  publication,  concerning  Randolph's  report. 


JUSTICE  MATTHEWS  ANALYSIS.  143 

14 1  have  examined  the  report  of  Edmund  Randolph  in  1790  to  the 
House  of  Representatives  on  the  judiciary  system,  to  which  you  called 
my  attention.  The  object  of  the  reference  seems  to  have  been  to  bring 
about  a  revision  of  the  judiciary  act  of  1789,  prepared  by  Oliver  Ells 
worth,  and  then  in  force.  Randolph's  report  seems  to  be  an  accurate 
and  perspicuous  analysis  of  the  judicial  power  as  it  might  be  vested 
under  the  Constitution,  and  a  very  carefully  drawn  bill  embodying  his 
ideas. 

"  The  principal  point  of  divergence  in  his  scheme  from  that  of  the 
Ellsworth  act  seems  to  be  this  :  By  the  25th  section  of  the  judiciary 
act  of  1789,  provision  was  made  for  a  writ  of  error  from  the  Supreme 
Court  of  the  United  States  to  the  highest  court  of  a  State  in  all  those 
cases  generally  described  as  turning  in  their  decision  upon  a  federal 
question  ;  that  is,  a  question  involving  the  construction  of  the  Consti 
tution  of  the  United  States,  or  of  any  act  of  Congress,  or  of  any  treaty. 
Mr.  Randolph,  in  the  document  under  consideration,  without  expressing 
his  own  opinion,  states  the  grounds  on  which  objection  had  been  made 
to  that  provision  as  constituting  the  Supreme  Court  of  the  United 
States  an  appellate  tribunal  as  respects  the  State  courts.  To  obviate 
this  objection,  Mr.  Randolph's  scheme  omits  altogether  that  provision, 
but  he  provides  for  the  exercise  of  exclusive  jurisdiction  in  such  cases 
by  federal  tribunals  by  granting  to  the  Circuit  Courts  of  the  United 
States,  on  the  application  of  either  party,  power  by  a  writ  of  certiorari 
to  remove  suits  from  the  State  courts,  in  which  a  federal  question  is 
involved,  for  trial  and  determination  before  final  judgment  in  the  State 
tribunal.  No  change,  however,  was  made  in  the  judiciary  act  in  this 
particular.  It  was  subsequently  called  in  question  as  being  unconsti 
tutional,  in  the  case  of  Martin  vs.  Hunter's  Lessee,  decided  in  1816, 
reported  in  i  Wheaton,  305,  in  which  the  opinion  of  the  Supreme 
Court,  affirming  its  constitutional  authority  under  that  section,  was  de 
livered  by  Mr.  Justice  Story.  The  question  was  afterwards  re-argued 
in  the  case  of  Cohens  vs.  The  State  of  Virginia,  6  Wheaton,  264,  in 
which  the  opinion  was  delivered  by  Chief  Justice  Marshall. 

"  Another  suggestion  contained  in  Mr.  Randolph's  report  was  that 
the  Judges  of  the  Supreme  Court  should  cease  to  be  the  Judges  of  the 
Circuit  Courts.  This  suggestion  has  never  been  formally  adopted  in 
any  subsequent  legislation,  but  its  purpose  has  been  practically  attained 
by  the  creation  of  Circuit  Judges,  on  whom,  in  conjunction  with  the 
Judges  of  the  District  Courts,  the  principal  labor  of  circuit  work  now 
rests.  Such  a  relief  had  come  to  be  a  necessity. 


144  EDMUND  RANDOLPH. 

'  The  other  principal  suggestion  made  by  Mr.  Randolph  is  that 
Congress  should  provide  for  its  own  judicial  tribunals  a  federal  code 
of  law.  This  code,  it  would  seem,  was  to  embrace,  ist,  a  uniform 
practice  and  procedure  in  the  administration  of  justice  in  those  courts  ; 
and,  2nd,  a  body  of  law  which  should  constitute  a  rule  of  decision  upon 
the  rights  of  litigants  in  those  courts.  Of  course  this  was  not  intended 
to  interfere  with  the  operation  of  the  principle  that  the  Constitution, 
laws,  and  treaties  of  the  United  States  were  the  supreme  law  of  the 
land,  and  that  in  many  cases  the  laws  of  the  States,  and  sometimes  the 
laws  of  foreign  States,  according  to  the  nature  of  the  transaction, 
would,  upon  the  principles  of  private  international  law,  be  looked  to 
as  fixing  the  rights  of  the  parties.  In  reference  to  such  a  code,  Mr. 
Randolph  says  in  the  document  referred  to  :  *  It  would  probably  be 
pointed  to  the  following  leading  objects,  ist,  the  provisions  which 
already  exist  by  the  Constitution  and  the  federal  laws  ;  2nd,  such  laws 
as  may  still  be  necessary  for  the  further  execution  of  the  Constitution, 
and  the  completion  of  federal  policy ;  3rd,  the  common  law  and 
statutes  ;  and  4th,  the  law  of  the  several  States  as  involved  in  ques 
tions  arising  therein.'  Nothing  has  ever  been  undertaken  in  pursuance 
of  this  suggestion." 

The  first  Supreme  Court  was  not  easy  to  deal  with.  This  was 
especially  impressed  on  the  Attorney  General  by  a  case  which 
threatened  at  the  time  a  serious  conflict  of  authorities.  An  act 
of  Congress  having  made  the  United  States  Circuit  Courts 
referees,  under  the  Pension  Law,  on  matters  of  fact  to  be  acted 
on  by  the  Executive,  the  Circuit  Judges  of  Pennsylvania  and 
New  York  declined  to  exercise  the  authority  conferred  upon 
them.  They  maintained  that  it  was  not  competent  for  Congress 
to  impose  upon  them  any  duties  not  strictly  judicial.  The 
matter  itself  was  of  less  importance  than  the  question  thus 
raised.  By  the  Constitution  the  President  alone  is  authorized  to 
decide  on  the  constitutionality  of  a  law  passed  by  Congress. 
When  the  President  has  added  his  signature  it  becomes  a  law  of 
the  land,  which  the  parties  are  bound  to  sustain  equally  with  the 
Constitution.  They  have  no  right  to  pass  on  the  competency  of 
Congress  to  pass  the  law  ;  that  is  a  privilege  monopolized  by 


THE    CHIEF  JUSTICE.  145 

the  Executive  ;  their  sole  escape  from  a  conflict  between  any  law 
of  Congress  and  the  Constitution  is  through  some  strained  inter 
pretation  of  the  one  or  the  other.  In  this  Pension  Law  case  the 
Circuit  Judges  would  appear  to  have  set  an  example  of  successful 
nullification.  The  question  before  the  Supreme  Court  was  then 
on  the  right  to  issue  a  mandamus.  It  was  argued  the  first  week 
in  August  1792. 

"  I  pressed,"  says  Randolph  in  a  letter  to  Madison  (12  Aug. 
1792),  "  an  examination  of  the  conduct  of  the  New  York  and 
Pennsylvania  circuit  courts  on  the  pension  law.  On  Wednesday, 
after  I  had  finished  my  exordium,  which  was  strong  and  pointed, 
and  after  it  was  foreseen  that  I  should  speak  with  freedom,  Mr. 
J[ay]  asked  me  if  I  held  myself  officially  authorized  to  move  for 
a  mandamus.  I  assigned  reasons  in  the  affirmative,  and  refused 
to  make  the  motion  until  the  official  question  was  decided.  It 
continued  from  day  to  day,  until  yesterday,  when  Johnson,  Ire- 
dell,  and  Blair  were  in  favor  of  my  power,  and  the  other  three 
against  it.  The  motion  was  therefore  necessarily  waived  for  the 
present  in  an  official  form.  But  being  resolved  that  the  court 
should  hear  what  I  thought  the  truth,  I  offered  it,  as  counsel  for 
the  invalids.  The  sum  of  my  argument  was  an  admission  of  the 
power  to  refuse  to  execute,  but  the  unfitness  of  this  occasion. 
After  much  consultation  on  the  bench,  it  was  agreed  that  the 
final  decision  should  be  made  at  the  next  court.  I  shall  report 
the  case,  and  show  it  to  you  ;  and  therefore  will  not  now  be  more 
minute.  An  opinion,  which  has  been  long  entertained  by  others, 
is  riveted  in  my  breast,  concerning  the  C.  J.  He  has  a  nervous 
and  imposing  elocution  ;  and  striking  lineaments  of  face,  well 
adapted  to  his  real  character.  He  is  clear  too  in  the  expression 
of  his  ideas,  but  that  they  do  not  abound  on  legal  subjects  has  been 
proved  to  my  conviction.  In  two  judgments,  which  he  gave  last 
week,  one  of  which  was  written,  there  was  no  method,  no  legal 
principle,  no  system  of  reasoning." 


146  EDMUND  RANDOLPH. 

The  Attorney  General  seems  to  have  been  supposed  a  general 
possession  of  all  the  States,  and,  about  the  time  when  he  was 
arguing  this  question  of  the  Circuit  Court  duties,  and  preparing 
for  the  tremendous  question  of  State  suability,  he  was  engaged 
in  determining  whether  Jay  or  Clinton  had  been  elected  governor 
of  New  York.  "  One  of  the  parties,"  he  writes  to  Madison,  12 
Aug.  1792,  "  has  consulted  me  on  the  late  election  of  a  governor. 
I  am  travelling  in  the  investigation,  and  I  suspect  a  result.  Al 
though  I  hate  to  be  compelled  to  say  a  word  in  favor  of  the 
governor  [Clinton],  the  facts  will  probably  induce  the  ex-govern 
or  to  believe,  in  opposition  to  what  I  feel,  that  I  am  actuated  by 
motives  personally  adverse  to  him."  The  pains  so  characteristic 
of  Randolph,  whatever  his  task,  are  abundantly  illustrated  by  his 
opinion  in  this  case  ;  and  as  it  is  now  generally  inaccessible,  the 
following  extract  may  be  made  here,  if  only  for  its  interest  to  the 
law-student.  It  also  discloses  Randolph's  freedom  from  prevail 
ing  fallacies  concerning  the  rights  and  limitations  of  the  crown 
in  England.  The  Clinton-Jay  gubernatorial  canvass  of  1792  re 
sulted  in  a  disputed  election.  It  mainly  turned  on  the  question 
whether  an  annually  appointed  sheriff  could  still  fulfil  his  function 
as  protector  and  deliverer  of  the  ballot-box  after  his  term  had 
ended,  his  successor  having  not  yet  qualified.  Randolph,  being 
one  of  the  referees,  decided  that  the  ex-sheriff  was  not  competent. 

"  When  we  pass  on  to  the  statutes  of  England,  several  occur  to  us. 
It  is  acknowledged  that  the  14  Ed.  3  St.  i,  ch.  7  ;  28  Ed.  3,  ch.  7  ;  40 
Ed.  3,  ch.  9  ;  46  Ed.  and  23  Hen.  6,  ch.  7,  forbid  a  sheriff  to  tarry  or 
abide  in  office  above  one  year  ;  and  yet  it  hath  been  said  that  a  sheriff 
may  be  appointed  during  the  king's  pleasure,  i  Black,  Com.  341. 
These  statutes,  and  consequently  the  decisions  on  them,  never  carried 
any  intrinsic  authority  to  contest  the  Constitution,  as  may  be  seen  in 
the  25  section  of  that  instrument.  Nor  did  the  statutes  themselves 
exist  after  the  first  day  of  May,  1788.  Vide  the  law  of  the  27  of  Feb. 
1788.  They  can  be  used,  therefore,  only  as  illustration  ;  but  injure  not 
my  position.  Abstractedly  from  the  opinion  of  judges,  few  would 


THE  REPUBLICAN  COURT.  147 

hesitate  to  pronounce  that  no  king  of  England  could  legally  grant  a 
commission  which  should  go  over  the  year.  Blackstone  himself,  though 
unwilling  to  declare  this  explicitly,  presents  a  contrary  opinion  to  the 
public  eye  ;  not  as  his  own,  but  in  that  doubtful  phraseology  which 
betrays  his  disapprobation — '  It  is  said.'  Nay  more.  He  quotes  Mil 
ton's  case  in  4  Rep.  31  as  the  basis  of  this  saying.  The  determination 
was  preceded  by  another  in  the  year-book  of  2  Hen.  7,  6,  which  was 
built  upon  the  dispensing  power  of  the  crown.  2  Hawk,  P.  C.  C.  37, 
Sec.  29.  The  dispensing  power  was  recognized  at  the  time  of  Milton's 
adjudication  ;  and  under  such  auspices,  no  statute  could  thwart  the 
royal  pleasure.  In  what  part  of  the  Constitution  of  New  York  is  this 
tremendons  attribute  to  be  discovered  ?  In  none.  The  very  recur 
rence  to  the  prerogative,  as  the  reason  for  a  sheriff  holding  over, 
announces  that  the  limitation  of  one  year  would  otherwise  have  been 
accepted  as  the  natural  interpretation  of  the  statutes." 

Among  the  important  opinions  of  Randolph  in  1791,  was  one 
against  the  constitutionality  of  Hamilton's  Bank  scheme.  The 
President,  Madison  says,  signed  that  bill  against  his  judgment, 
and  in  apprehension  of  a  serious  crisis.  But  that  was  the  last  im 
portant  victory  which  Hamilton  gained  over  the  President  so 
long  as  he  was  confronted  by  both  Randolph  and  Jefferson. 

Washington's  life  was  rendered  a  burden  by  the  gossipy  attacks 
made  on  him  on  account  of  matters  alluded  to  in  a  conversation 
with  Jefferson,  recorded  by  the  latter  in  his  "Anas":  "He 
[Washington]  expressed  the  extreme  wretchedness  of  his  exist 
ence  while  in  office,  and  went  lengthily  into  the  late  attacks  on 
him  for  levees,  etc.,  and  explained  to  me  how  he  had  been  led 
into  them  by  the  persons  he  consulted  at  New  York  ;  and  that 
could  he  but  know  what  the  sense  of  the  public  was  he  would 
most  cheerfully  conform  to  it."  To  questions  of  this  kind  the 
following  extract  from  a  letter  of  Randolph  to  Washington 
relates  : 

[Phil.,  18  Feb.  1793.] — "Upon  the  other  subject,  of  a  private 
nature,  this  has  been  the  course  of  my  reflection.  To  yield  what  is 
useful  in  the  discharge  of  your  public  functions  merely  because  they 


148  EDMUND  RANDOLPH. 

may  be  exhibited  in  print  in  an  uncomely  attitude,  is,  I  am  sure,  as 
little  expected  by  the  world  as  it  is  repugnant  to  your  sense  of  duty. 
To  refuse  to  accept  acts  of  compliment,  as  being  capable  of  perversion, 
does  probably  depend  wholly  on  the  disposition  of  the  person  to  whom 
they  are  offered.  However,  there  may  be  situations  in  which  the  forms 
of  this  city  demand  an  abstinence  from  unnecessary  crowds,  and 
which,  if  not  attended  to,  may  be  egregiously  misinterpreted  into  a 
countenance  of  what  you  only  acquiesce  in,  but  do  not  approve.  I 
may  add,  that  if  at  a  future  day  you  should  think  proper  to  repel  this 
species  of  civility,  the  present  circumstances  produce  an  adequate 
opportunity  of  commencing  a  retreat  from  it." 

When  Gouverneur  Morris,  in  Paris,  officially  used  the  expres 
sion  "  ma  cour,"  and  came  to  grief,  he  did  but  use  language  fa 
miliar  around  the  President  and  "  Lady  Washington  "  when  he 
(Morris)  left  home.  Senator  Maclay's  diary  leaves  no  doubt  that 
the  "  republican  court  "  sometimes  rendered  itself  ridiculous,  and 
that  the  President  was  misled  by  Hamilton  and  Vice-President 
Adams,  whose  letters  of  advice  Maclay  quotes,  into  assuming  a 
false  position.  His  strictness  in  small  etiquette  now  and  then 
appears  in  the  Randolph  papers.  "  Col.  Innes,"  writes  Randolph 
to  Washington,  u  will  have  the  honor  of  dining  with  the  President 
to-day.  He  was  dressed,  except  as  to  shoes  yesterday  afternoon  to 
wait  upon  him  in  the  public  room ;  but  could  not  get  a  pair." 
In  the  same  note  Randolph  excuses  himself  from  the  same 
dinner  on  account  of  the  pressure  of  public  business. 

Randolph's  inflexible  justice,  never  in  any  case  warped  by 
personal  or  party  prejudices,  rendered  him  the  private  counsellor 
of  Washington  in  matters  of  State  not  properly  within  the 
Attorney  General's  department.  In  the  affair  of  Gouverneur 
Morris,  then  at  Paris,  Washington  could  not  trust  so  strong  a 
partisan  as  Jefferson.  Morris'  consideration  for  the  monarch  to 
whom  he  was  sent,  and  horror  at  his  execution,  angered  the  revo 
lutionists,  and  their  complaints  were  transmitted,  through  M.  De 
Ternant,  to  the  Secretary  of  State.  By  him  they  were  communi- 


LEGAL  OPINIONS.  149 

cated  (20  Feb.  1793)  to  the  President,  who  consulted  Randolph. 
But  De  Ternant  being  superseded  by  Genet,  Randolph  advised 
delay. 

"The  charges,"  he  writes  to  the  President  (22  Feb.  1793), 
"  have  come  in  an  ambiguous  form,  half-private,  half-public  ;  and 
it  must  be  uncertain,  until  the  arrival  of  the  new  minister  from 
France,  to  what  extent  these  charges  are  to  be  pressed.  To 
seize  so  imperfect  an  opportunity  for  dismission  might  argue  an 
eagerness  to  get  rid  of  the  officer  ;  and  before  such  a  stroke  is 
given  to  the  reputation  of  any  man,  ought  he  not  to  be  heard  ?  " 

This  advice  was  followed,  and  Gouverneur  Morris  remained  in 
France  another  year.  Genet,  when  he  arrived,  and  before  he  had 
delivered  his  credentials,  began  those  enlistments  and  fitting  out 
of  privateers  in  the  South  which  caused  every  thing  else  to  be 
forgotten.  Out  of  the  large  number  of  letters  written  at  this  time 
by  Randolph  to  Jefferson,  the  following  from  one  of  2  May  1793 
shows  how  necessary  it  was,  at  times,  to  hold  the  Secretary  of 
State  to  his  responsibilities  : 

"  There  is,  without  doubt,  a  protection  due  to  foreign  built  vessels, 
owned  by  American  citizens  ;  altho'  they  cannot  claim  the  privileges 
belonging  to  vessels  of  the  U.  S.  For  the  former  are  no  less  neutral 
property,  than  the  latter.  The  usual  evidence  of  the  neutral  ownership 
of  vessels  is  a  certificate  from  the  officers  of  the  customs.  Is  it  then 
expedient  to  call  upon  the  President  to  take  a  part  in  this  business  ? 
The  President's  name  would  not  go  farther  in  a  court  than  that  of  a 
collector,  under  the  seal  of  office  ;  cruisers  would  therefore  be  as  free 
to  dispense  with  his  testimonial  as  that  of  the  collector ;  and  if  he 
should  happen  to  certify  that  a  vessel  is  neutral  property,  when  in 
truth  she  is  not,  will  not  the  character  of  government  be  committed  ?  " 

On  17  May  1793  Randolph  wrote  an  opinion  on  the  British 
demand  for  restitution  of  a  prize  made  on  the  high  seas  by  a 
French  privateer  fitted  out  at  Charleston,  S.  C.,  manned  in  part 
by  Americans,  the  ships  being  at  Philadelphia.  It  was  the  opin 
ion  preferred  by  Washington  to  those  proposed  by  the  other 


150  EDMUND  RANDOLPH. 

members  of  his  Cabinet.  "  If,"  he  maintained,  "  this  be  consid 
ered  as  a  contest  between  France  and  Great  Britain  upon  a  mere 
question  of  prize  or  no  prize,  the  i/th  article  of  our  treaty  with 
the  former  stands  in  the  way  of  the  inquiry ;  because  it  prohibits 
the  officers  of  the  U.  S.  from  '  making  examination  concerning  the 
lawfulness  of  such  prizes'  And  indeed  the  duty  of  a  neutral 
nation  shuts  up  its  courts  against  all  such  decisions.  The  captor's 
commission,  even  if  suspended  during  the  stay  of  the  vessel  at 
Charleston,  became  active  and  lawful  at  the  very  moment  that 
the  privateer  entered  upon  the  high  sea.  If  the  commission  is 
deemed  defective,  it  must,  in  any  case,  be  determined,  not  by  the 
President,  but  by  the  courts  of  the  U.  S.  according  to  the  rules  of  the 
Admiralty.  What  relates  to  the  dignity  of  the  U.  S.  is  not  an 
affair  of  any  foreign  nation.  If  they  thought  proper  to  waive 
satisfaction  to  themselves  for  the  affront  and  injury,  they  cannot 
be  called  to  an  account  by  any  foreign  power ;  and,  if  they  do 
require  satisfaction,  its  degree  and  kind  depend  upon  their 
discretion.  A  remonstrance  to  Genet  and  punishment  of  the 
citizens  who  have  entered  on  board  of  the  privateer  may,  in 
some  measure,  be  a  justice  due  to  the  powers  warring  against 
France.  A  citizen  of  the  United  States  receiving  such  a  com 
mission  is  a  pirate  under  the  treaty  with  Holland.  It  cannot  be 
affirmed  that  the  U.  S.  are  in  any  other  manner  responsible 
for  the  offenses  of  their  citizens  than  to  bring  them  to  pun 
ishment.  To  say  then  that  Great  Britain  can  impose  upon  the 
U.  S.  a  certain  rule  and  measure  of  procuring  satisfaction  for 
the  insult  by  requiring  the  surrender  of  the  vessel  and  restitu 
tion  to  the  British  subject,  is  to  admit  an  unwarrantable  intrusion 
into  their  internal  police.  France  has  her  rights  as  well  as  Great 
Britain.  Although  she  will  be  content  to  offer  concessions  to  the 
U.  S.,  yet  might  she  justly  refuse  to  do  so,  if  an  estimate  of 
the  reparation  was  compounded,  not  only  of  the  indignity  to 
them,  but  also  of  the  loss  to  the  British  subject.  At  least  she 


A    TOUR   OF  INQUIRY.  I$I 

might  with  reason  denominate  it  a  departure  from  strict 
neutrality.  The  situation  of  the  U.  S.  is  extremely  peculiar. 
They  are  bound  to  pursue  a  different  conduct  to  the  different 
warring  powers.  To  France  they  must  give  the  preference  by 
treaty;  to  Holland  they  must  assign  the  next  rank  of  favor  by 
treaty  ;  Great  Britain  stands  upon  the  law  of  nations,  pure  and 
unqualified.  Hence  in  this  disparity  of  relations  they  will  be 
often  thrown  into  great  perplexities.  Nothing  can  lead  them 
with  safety  and  honor  through  the  labyrinth  but  an  adherence  to 
sound  principle,  which  is  always  uniform.  Upon  principle  there 
fore  restitution  ought  not,  in  my  judgment,  to  be  attempted." 

In  June  1793  Randolph  went  on  a  little  journey  through 
Delaware  and  Maryland,  consulting  the  leading  men  as  to  the  feel 
ing  concerning  the  French  Revolution  and  the  President's  proc 
lamation  ;  all  of  which  were  favorably  reported  to  Washington 
in  a  "  private  "  letter  of  June  II,  from  Annapolis.  The  further 
journey  supplied  material  for  a  more  important  "  private  "  letter, 
dated  at  Richmond  24  June  1793.  The  public  excitement  con 
cerning  the  discussions  of  State  amenability  before  the  national 
courts,  by  Henry  in  Richmond  and  Randolph  at  Philadelphia, — 
the  decisions,  elsewhere  considered,  favoring  English  creditors, — 
will  explain  some  of  the  allusions  in  this  private  report  to  Wash 
ington,  at  whose  desire  the  journey  was  undertaken. 

"  Soon  after  I  had  the  honor  of  writing  to  you  from  Annapolis,  I 
found  an  occasion  of  entering  into  discussion  with  the  Governor  of 
Maryland  on  the  subject  of  our  political  situation.  He  appeared  to 
have  been  caught  by  the  same  apprehensions  as  had  taken  hold  of  the 
people  of  Baltimore,  and  was  very  minute  in  his  inquiries.  Some  hours 
afterwards  he  called  at  my  lodgings,  and  in  the  presence  of  several  gen 
tlemen  spoke  to  this  effect :  that  the  executive  of  the  United  States 
seemed  to  have  proceeded  on  principle,  which  was  the  surest  guide  of 
its  conduct.  From  the  communications,  too,  which  I  received  from 
the  gentlemen  of  the  bar,  I  am  persuaded  that  the  temper  of  Maryland 
goes  with  the  Government.  At  George-Town  and  Alexandria  I  heard 
but  little.  At  Dumfries  Mr.  Alex'r  Henderson  called  upon  me  and 


152  EDMUND  RANDOLPH. 

uttered  a  multitude  of  fears  and  discontents.  Knowing  him  to  be  a 
talkative  man,  who  would  circulate  pretty  quickly  whatever  he  should 
hear  from  me,  I  endeavoured  to  impress  upon  him  that  information 
which  I  was  at  liberty  to  give,  and  those  opinions  which  for  the  sake  of 
harmony  ought  to  be  entertained.  Altho'  I  never  did  count  much  on 
his  sincerity,  yet  he  so  often  repeated  the  happiness  which  he  felt  of 
being  able  to  remove  the  anxiety  of  his  neighbourhood,  that  I  cannot 
forbear  a  hope  that  he  was  in  some  degree  sincere.  The  clamour  in 
creased  at  Fredericksburg,  and  was  principally  confined  to  the  Secre 
tary  of  the  Treasury.  But  the  Proclamation  was  also  censured  for 
using  the  term  friendship,  and  the  prosecution  against  Singleterry  &c 
was  condemned  as  illegal.  I  saw  no  person  who  supported  these  senti 
ments  as  his  own  ;  but  I  explained  to  Mr.  Fitzhugh  and  Mr.  Charles 
Carter  the  views  in  which  these  criticisms  presented  themselves  to  me. 
Fredericksburg  is  inflamed  by  the  doctrines  and  representations  of  Col. 
Taylor  of  Caroline,  the  Senator  of  the  U.  S.  It  would  astonish  you, 
sir,  to  learn  the  success  which  has  attended  his  efforts  to  rouse  the  cool 
and  substantial  planters.  Even  Mr.  Hoomesofthe  Bowling-Green,  who 
is  respectable  and  intelligent,  and  has  a  great  deal  to  lose,  was  animated 
to  a  degree  which  changes  his  nature  essentially.  It  was  necessary  to  be 
particular  with  him,  and  I  delayed  my  journey  that  I  might  examine  all 
his  dissatisfaction.  As  I  advanced  in  stating  facts  he  declared  that  he 
had  never  heard  one  half,  and  that  his  information  was  expressly  the 
contrary.  I  pledged  myself  for  the  truth  of  what  I  said  to  him,  and  he 
confessed  that,  if  it  was  true,  the  government  had  been  grossly  calum 
niated.  This  remark  came  twice  from  him,  while  I  was  speaking  of  the 
proclamation  and  the  prosecution.  He  begged  me  to  stop  at  Col.  Pen- 
dleton's,  with  an  earnestness  which  shewed  a  friendly  disposition  to  the 
federal  government.  I  spent  an  evening  and  morning  with  that  gentle 
man,  who  approved  the  Proclamation  in  all  its  parts  and  language,  and 
thought  that  too  much  could  not  be  done  to  ward  off  a  rupture  with 
the  European  powers.  His  complaints  were  wholly  against  financial 
operations  ;  but  he  had  never  scrutinized  the  reports.  I  gave  him  a 
set,  and  obtained  his  promise  to  write  me  without  reserve  as  soon  as 
he  has  comprehended  the  questions  in  their  full  extent.  My  next  stage 
was  at  Mr.  Lyons.  With  him  scarcely  any  thing  was  right,  except  the 
measures  adopted  to  repel  the  war.  He  assented  to  the  propriety  of  all 
these  ;  but  other  proceedings,  whether  legislative,  executive,  or  judicial, 
he  certainly  did  not  spare. 

"  In  this  place  [Richmond]  parties  are  strong  ;  the  friends  to  the 
general  government  are  far  inferior  in  number  to  its  enemies.     But 


OPINION  IN   VIRGINIA.  153 

among  its  enemies  not  a  dozen  can  be  named  who  are  not  averse  to 
war.  I  was  told  that  Judge  Tucker  and  Judge  Tyler  talked  in  this 
strain  ;  and  I  accepted  a  dinner  from  the  General  Court  in  order  to 
ascertain  to  what  lengths  they  would  go.  But  politics  were  kept  out 
of  sight,  and  I  can  only  report  from  the  mouth  of  others  that  there  are 
not  more  than  two  of  all  the  judges  who  are  not  highly  irritated  against 
the  federal  administration.  The  late  debates  concerning  British  debts 
have  served  to  kindle  a  wide-spreading  flame.  The  debtors  are  asso 
ciated  with  the  antifederalists  and  the  discontented  federalists  ;  and 
they  range  themselves  under  the  standard  of  Mr.  Henry,  whose  ascend 
ancy  has  risen  to  an  immeasurable  height.  But  I  was  happy  to  learn 
from  Col.  Innes  that  he  has  been  loud  in  reprobating  the  decapitation 
of  the  French  King,  and  is  a  friend  to  peace,  and  the  steps  pursued  for 
its  security  ;  adding  that  nothing  would  induce  him  to  vote  for  a  war, 
but  the  redemption  of  the  Marquis  de  La  Fayette.  He  grows  rich 
every  hour,and  thus  his  motives  to  tranquillity  must  be  multiplying  every 
day.  Mr.  Jay  is  considered  here  by  some  under  very  unfavourable  as 
pects.  But  everybody  agrees  in  his  ability  as  a  judge.  It  was  reported 
and  believed  that  he  was  insulted  on  the  road  by  a  drunken  man,  who 
had  been  present  at  the  trial  in  the  circuit  court.  Nothing  could  be 
more  unfortunate  than  the  false  hopes  which  the  decision  of  that  court 
has  inspired  in  regard  to  payments  into  the  Treasury.  Mr.  Wythe  in 
deed,  as  chancellor,  has  determined  against  the  British  debtor  ;  but  his 
decree  will,  it  is  conjectured,  be  reversed  in  the  court  of  Appeals, 
unanimously.  The  people  will  therefore  be  fortified  in  their  opposi 
tion  when  they  perceive  so  many  advocates  of  character. 

"  I  have  had  very  full  communications  with  those  who  are  attached 
to  the  general  government,  and  since  our  conversations  they  think 
themselves  armed  in  its  defence.  These  are  Col.  Innes,  Col.  Harvie, 
Dr.  McClurg,  Mr.  Marshall,  Capt.  Singleton,  and  some  few  others. 
But  I  am  now  rivetted  in  my  persuasion  that  the  best  administration 
upon  the  face  of  the  earth  may  be  vilified,  and  almost  ruined,  unless 
they  be  protected  by  frequent  and  candid  publications.  .Last  night  I 
was  informed  that  an  inhabitant  of  this  place  expatriated  himself, 
while  Mr.  Genet  was  here,  and  immediately  took  the  oath  of  a  French 
citizen  before  him.  I  shall  inquire  into  this  business  more  accurately, 
but  I  have  little  doubt  of  its  truth." ' 

1  Concerning  this  tour  Jefferson  wrote  to  a  friend  :  "  E.  R.  brings  nattering  in 
formation  of  the  loyalty  of  the  people  of  Virginia  to  the  general  government,  and 
thinks  the  whole  indisposition  there  is  directed  against  the  Secretary  of  the  Treasury 
personally,  not  against  his  measures.  On  the  whole  he  has  quieted  uneasiness  here." 


154  EDMUND  RANDOLPH. 

In  September  1793  the  yellow  fever  raged  in  Philadelphia. 
Randolph  remained  in  the  neighborhood  until  Oct.  13.  On  that 
day  he  wrote  Washington  (at  Mount  Vernon)  some  account  of 
the  plague,  adding :  "  I  cannot  satisfy  the  anxieties  of  my  family 
without  carrying  them  for  the  present  to  Lancaster."  On  Oct. 
22  he  is  back  again  from  Lancaster  and  reports  to  Washington 
his  negotiations  for  a  house  for  him  (the  President).  Major 
Funks  demands  £150,  he  says,  which  is  "  excessive,"  as  there  is 
little  furniture.  On  Oct.  24  he  expresses  to  the  President  doubts 
of  the  fever's  having  sufficiently  abated  to  justify  a  meeting  of 
Congress  at  Philadelphia,  and  advises  the  selection  of  Lancaster. 
On  Oct.  28  he  announces  his  arrangements  for  Washington's 
board  (minus  dinner)  at  $10  per  week  with  a  German  clergyman 
outside  the  city. 

Amid  these  personal  services  Randolph  had  before  him  the 
difficult  task  of  outlining  the  President's  message.  As  it  must 
deal  chiefly  with  foreign  affairs  in  general  and  Genet  in  particu 
lar,  this  properly  devolved  on  the  Secretary  of  State.  But  Jef 
ferson  was  not  the  man  to  burn  his  mouth  with  the  President's 
porridge.  The  following  shows  the  Attorney  General  thus 
engaged,  and  also  collecting  materials  for  a  history  of  Washing 
ton's  administration.  The  letter  is  dated  at  "  Spencer's,"  10  Nov. 
1793.  After  exhorting  Washington  not  to  resume  his  abode 
in  Philadelphia  too  soon,  he  writes  : 

"  I  have  examined  the  addresses,  resolutions  and  answers,  which  are 
now  returned.  In  many  of  them  the  Proclamation  is  called  a  declara 
tion  of  neutrality  ;  and  therefore  confirms  the  opinion  that  the  speech 
might  (as  it  clearly  may)  put  this  paper  upon  its  true,  and  a  satisfactory 
footing.  What  has  been  published  concerning  it,  united  with  number 
less  misrepresentations  in  other  instances,  determined  me  some  months 
ago  to  begin  a  history  and  review  of  your  administration.  I  had  made 
some  progress  in  it,  and  should  have  advanced  farther  had  I  not  found 
some  difficulty  in  asking  from  the  Secretary  of  State  access  to  the 
public  archives  without  communicating  at  the  same  time  my  object. 


ANTICIPATIONS.  1 55 

However,  had  it  not  been  for  the  interruption  which  has  been  given 
for  some  time  past  to  every  business  connected  with  Phila  I  should  have 
persevered,  and  endeavoured  to  procure  the  means  of  full  and  accurate 
information.  The  essay  of  Agricola  convinces  me  of  the  importance 
of  such  a  work,  upon  public  as  well  as  other  interesting  considerations  ; 
and  let  my  future  movements  be  as  they  may  I  shall  not  relinquish  it. 
But  I  am  extremely  apprehensive  that  the  pestilence  of  Phil,  will  reduce 
the  practice  of  the  law  within  the  city  to  such  a  modicum  as  to  force 
me  to  think  of  reestablishing  myself  in  Virginia.  For  altho'  I  do  not 
doubt  that  were  I  to  go  into  as  large  field  as  some  others  of  the  bar- 
here  my  share  of  profit  would  content  me,  yet,  as  that  cannot  be  done 
consistently  with  my  office,  the  share  which  I  had  must  be  considerably 
diminished.  Whatever  delay  may  proceed  from  this  circumstance  the 
work  itself  shall  proceed  ;  and  I  have  now  taken  the  liberty  of  saying ; 
thus  much  to  you,  in  confidence,  only  to  prepare  the  way,  if  on  some 
occasion  I  shall  find  it  necessary  to  beg  the  communication  of  any  par 
ticular  information. 

"  I  will  thank  you  for  the  Va.  Gazette  containing  Agricola,  as  I 
wished  to  write  to  Col.  Carrington.  I  inclose  to  him  some  remarks 
which  may  tend  to  disabuse  the  public  mind." 


CHAPTER  XVII. 

THE  FOUNDING  OF  RELIGIOUS  FREEDOM. 

IN  1796  George  Washington  sent  to  the  Senate,  which  ratified 
the  same,  a  treaty  with  Tripoli  whose  opening  words  are  these  : 

"  As  the  Government  of  the  United  States  of  America  is  not  in 
any  sense  founded  on  the  Christian  religion, — as  it  has  in  itself  no 
character  of  enmity  against  the  laws,  religion,  or  tranquillity  of  Mus 
sulmans, — and  as  the  said  States  have  never  entered  into  any  war  or  act 
of  hostility  against  any  Mahometan  nation,  it  is  declared  by  the  parties 
that  no  pretext  arising  from  religious  opinions  shall  ever  produce  an 
interruption  of  the  harmony  existing  between  the  two  countries." 

So  bravely  did  the  first  President  of  the  United  States  cele 
brate  the  seventh  centenary  of  the  first  Crusade, — wherein  six 
millions  of  armed  Christians  moved  against  Islam. 

When  Jefferson  became  President  he  shrank  from  so  clear  an 
assertion  of  his  own  early  principles,  and  the  Tripoli  treaty  was 
renewed  without  the  words  "  not  in  any  sense  founded  on  the 
Christian  religion."  But  Washington  set  up  the  landmark  of 
religious  liberty  at  the  place  where  the  justice  and  the  courage  of 
his  noblest  comrades  had  borne  it. 

In  early  life  Edmund  Randolph  was  a  deist.  Such  was  his 
father,  who  was  twice  nominated  by  Lord  Dunmore  as  a  Visitor 
of  William  and  Mary  College,  and  in  each  case  rejected  through 
the  pious  opposition  of  John  Page,  afterwards  Governor,  on  ac 
count  of  his  not  being  a  Christian.  Peyton  Randolph,  I  suppose, 
was  of  the  same  belief,  since  his  will  is  notably  free  from  the  pro- 

156 


RELIGIOUS  CHANGES.  1 57 

fessions  of  faith  usual  in  such  documents  at  that  time,  its  only 
religious  phrase  being  "  In  the  name  of  God,  Amen.  I,  Peyton 
Randolph,"  etc.  Such  liberalism  was  not  deemed  inconsistent 
with  respect  for  the  established  Church.  But  in  the  Revolution 
the  English  Church  in  Virginia  could  not  be  broken  to  the  meas 
ure  of  the  era  on  which  it  fell ;  and  presently  the  era  fell  on  it 
and  ground  it  to  powder.  Of  all  this  there  are  very  interesting 
traces  in  these  Randolph  papers,  extending  through  a  generation, 
in  which  the  religious  vicissitudes  were  rapid  and  confused.  It 
may  appear  incredible  to  those  intimate  with  the  Virginia  of  to 
day,  with  its  unbroken  orthodoxy,  and  its  severe  type  of  religion, 
so  well  portrayed  by  Virginius  Dabney,1  that  at  the  time  of  the 
Revolution  its  chief  towns, — especially  Williamsburg  and  Fred- 
ericksburg, — were  the  especial  centres  of  freethought  in  this  coun 
try.  Jefferson  and  Wythe  used  to  play  chess  on  Sunday,  and 
did  so  at  Tazewell  Hall  until  Mrs.  Edmund  Randolph  refused  to 
countenance  such  proceedings.  Randolph,  under  such  domestic 
regime,  became  a  member  of  the  English  Church  at  the  time 
when  it  was  undergoing  a  process  of  disestablishment  and  puri- 
tanization.  There  was  a  good  deal  of  confusion  attending  this 
process,  and  it  is  so  far  reflected  in  Randolph  that  his  notes  con 
tribute  to  the  religious  history  of  America. 

The  following  is  his  picture  of  the  relative  condition  of  the 
English  Church  and  Presbyterianism  at  the  beginning  of  the  Rev 
olution  : 

"  The  two  sects  were  contrasted  by  some  striking  circumstances. 
The  Presbyterian  clergy  were  indefatigable.  Not  depending  upon  the 
dead  letter  of  written  sermons,  they  understood  the  mechanism  of 
haranguing,  and  have  often  been  whetted  in  dispute  on  religious  liberty, 
as  nearly  allied  to  civil.  Those  of  the  Church  of  England  were  planted 
on  glebes,  with  comfortable  houses,  decent  salaries,  some  perquisites, 
and  a  species  of  rank  which  was  not  wholly  destitute  of  unction. 

"  To  him  who  acquitted  himself  of  parochial  functions  those  com- 
1  "  Don  Miff."  A  novel. 


I $8  EDMUND  RANDOLPH. 

forts  were  secure,  whether  he  ever  converted  a  Deist,  or  softened  the 
pangs  of  a  sinner.  He  never  asked  himself  whether  he  was  felt  by  his 
audience.  To  this  charge  of  lukewarmness  there  were  some  shining 
exceptions,  and  there  were  even  a  few  who  did  not  hesitate  to  confront 
the  consequences  of  a  revolution  which  boded  no  stability  to  them. 
The  dissenters,  on  the  other  hand,  were  fed  and  clothed  only  as  they 
merited  the  gratitude  of  their  congregations.  A  change  or  modifica 
tion  of  the  ancient  regime  carried  no  terrors  to  their  imagination." 

Although  the  draft  of  the  Bill  of  Rights  in  George  Mason's 
handwriting  is  preserved  in  the  State  Library  of  Virginia,  and 
the  whole  is  ascribed  to  him,  Randolph,  who  was  a  member  of 
the  •  committee,  declares  that  the  clause  concerning  religious 
liberty  was  proposed  by  Patrick  Henry.  "The  Fifteenth,  recom 
mending  an  adherence  to,  and  frequent  recurrence  to,  fundamen 
tal  principles,  and  the  Sixteenth,  unfettering  the  exercise  of 
religion,  were  proposed  by  Mr.  Henry.  The  latter  coming  from 
a  gentleman  who  was  supposed  to  be  a  dissenter,  caused  an  appeal 
to  him  whether  it  was  designed  as  a  prelude  to  an  attack  on  the 
established  Church,  and  he  disclaimed  such  an  object." 

The  point  is  a  contested  one.  I  have  been  favored  with  care 
ful  statements  of  Henry's  learned  grandson,  William  Wirt  Henry, 
who  supports  Randolph's  narrative,  and  Miss  Kate  Mason  Row 
land,  who  impeaches  its  accuracy.  It  appears  to  me  not  improb 
able  that  Mason,  as  he  says,  brought  with  him  to  the  Convention, 
where  he  appeared  on  its  eleventh  day,  the  Bill  of  Rights,  and 
thought  it  prudent  to  entrust  presentation  of  the  free  religious 
section  to  Henry, — a  member  of  the  established  Church,  but 
associated  with  the  Presbyterians  by  marriage  as  well  as  inner 
experiences.  He  would  carry  the  sympathy  of  both  churches. 

"  It  has  been  seen,"  says  Randolph,  "  that  the  friends  of  the 
established  Church  were  apprehensive  of  the  force  of  their  own 
principles,  to  which  they  had  assented  in  the  bill  of  rights,  and 
how  they  were  quieted  by  the  assurances  of  Mr.  Henry.  But 
they  were  patriots  who  dreaded  nothing  so  much  as  a  schism 


DISESTABLISHMENT.  1 59 

among  the  people,  and  thought  the  American  principle  too  pure 
to  be  adulterated  by  religious  dissension.  They  therefore  did  in 
truth  cast  the  establishment  at  the  feet  of  its  enemies;  not 
extending  their  view  to  times  when  Mr.  Henry  might  not  be  able 
to  confirm  his  word  by  stemming  the  torrent  of  opposition  ;  nor 
having  sufficiently  learned  that,  if  secular  interests  impel  when 
they  rule  by  themselves,  they  overthrow  all  resistance  when  allied 
with  religion.  An  indiscriminate  taxation,  for  a  long  series  of 
years,  had  been  laid  upon  dissenters,  who  renounced  all  hopes  of 
ascending  to  salvation  through  the  gates  of  the  church.  The 
sums  drawn  from  their  pockets,  though  small  and  not  harshly  in 
convenient  in  the  periods  of  payment,  were  certainly  unjust  and 
oppressive.  The  dissenters  were  no  less  ambitious  than  the 
members  of  the  church,  and  were  eclipsed  by  them.  Henry  was 
in  the  executive  chair,  and  therefore  was  disqualified  to  vindicate 
his  former  assurances  to  the  church  ;  though  probably  he  might 
have  acquiesced  in  the  insidious  form  which  a  projected  law  was 
assuming.  It  did  not  profess  to  abolish  the  establishment,  but  it 
sapped  it  by  suspending  the  stipends  of  the  clergy.  The  first 
fracture  in  a  chain  forged  by  an  unjust  principle  cannot  easily  be 
closed.  In  support  of  this  law  the  severest  persecutions  in  Eng 
land  were  ransacked  for  colours  in  which  to  paint  the  burthens 
and  scourges  of  freedom  in  religion,  and  antiquated  laws  in  Eng 
land,  against  the  exercise  of  which  the  people  would  even  there 
have  recoiled,  were  summoned  up  as  so  many  demons  hovering 
over  every  scrupulous  conscience  not  bending  to  the  church. 
The  votaries  of  that  church  were  entrapped  by  an  expectation 
that  the  new  law  would  be  a  permanent  anchor  to  its  existence, 
although  the  parochial  salaries  might  never  be  revived.  In  this 
they  were  sacrificed  to  the  poverty  of  their  own  intellect,  in  not 
discerning  the  nature  and  condition  of  their  own  sect.  It  had 
almost  always  been  on  the  side  of  monarchy,  while  the  hearts  of 
the  dissenters  might  truly  be  said  to  be  in  covenant  with  those 


l6o  EDMUND  RANDOLPH. 

who  were  clamorous  against  the  threats  of  civil  oppression.  The 
lower  country  was  the  principal  residence  of  the  protectors  of  the 
establishment,  and  it  was  apparent  that  these  must  soon  be  out 
numbered  in  the  legislature,  where  petitions  were  readily  granted 
for  the  division  of  the  upper  counties,  and  the  consequent  multi 
plication  of  the  representation  of  dissenters.  The  advocates  for 
the  church  were  apparently  unconscious  of  its  imbecility.  It  was 
enervated  by  mental  inactivity,  and  it  was  palpable  that  a  blow 
like  this  must  stun  it  into  a  state  of  lingering  from  which  it  could 
never  wholly  recover."  * 

The  large  majority  of  those  who  inaugurated  independence  in 
Virginia,  and  enacted  the  Declaration  of  Rights,  were  vestrymen. 
But  the  unction  with  which  they  overthrew  the  established  Church 
was  so  distinctly  Presbyterian  that  even  at  the  present  day  doubts 
recur  concerning  the  religious  affiliations  of  some  of  the  eminent 
actors  in  those  events.  Not  only  was  Patrick  Henry,  whose  ora 
torical  glow  has  been  attributed  to  the  inspiring  eloquence  of 
Samuel  Davies,  the  apostle  of  Presbyterianism,  "  supposed  to  be 
a  dissenter,"  but  Madison  also.  "  I  was  diverted  yesterday," 
wrote  Randolph  to  Madison,  "  by  Mr.  John  Pierce  of  James  City 
(the  delegate)  asking  whether  you  had  not  become  a  Methodist. 
After  I  had  recovered  from  my  surprise  I  inquired  from  whom 
the  rumor  sprang.  His  account  in  reply  was  nothing  more  than 
that  it  was  a  general  report  in  James  City.  It  will  be  no  easy 
matter  to  impress  upon  some  of  your  friends  that  you  have  fas 
tened  yourself  to  any  sect."  It  would  appear  from  this  that  Ran 
dolph  did  not  regard  connection  with  the  Episcopal  Church  as 
membership  of  any  "  sect,"  although  it  had  been  disestablished 
fourteen  years  when  this  note  was  written  (1790).  It  is  probable 
that  it  was  due  to  the  alienation  of  his  father  from  the  rationalis 
tic  and  worldly  spirit  of  the  establishment  that  James  Madison 
Jr.  was  sent  to  Princeton  instead  of  to  William  and  Mary  Col- 

1  MS.  Hist.  Va. 


TOLERATION.  l6l 

lege  ;  for  in  Orange  County,  where  these  Madisons  lived,  perse 
cution  of  dissenters  was  rife.  That  the  clergy  were  not  them 
selves  generally  persecutors  is  certain.  Young  Madison  was 
prepared  for  Princeton  by  the  parish  clergyman  (Rev.  Thomas 
Martin),  inmate  of  the  old  mansion  Montpellier.  From  Prince 
ton  Madison  brought  a  terrible  touchstone  for  the  establishment 
in  Virginia,  as  well  as  an  evangelical  devoutness ;  so  that  at  the 
very  time  when  his  rationalistic  relative,  Bishop  Madison,  was  the 
last  buttress  of  the  English  Church  in  Virginia,  James  Madison 
Jr.  was  undermining  it  from  within.  Only  an  eye  of  Princeton 
or  Paine  could  have  detected  a  germ  of  intolerance  in  that 
article  for  "the  fullest  toleration,"  in  the  Bill  of  Rights.  By 
striking  out  the  equivocal  "  toleration  "  Madison  anticipated  the 
principle  affirmed  by  Thomas  Paine :  "  Toleration  is  not  the 
opposite  of  intolerance,  but  is  the  counterfeit  of  it.  Both  are 
despotisms.  The  one  assumes  to  itself  the  right  of  withholding 
liberty  of  conscience,  the  other  of  granting  it." 

The  use  of  this  word  "  toleration/'  and  some  other  phraseol 
ogy,  in  this  clause  of  the  Declaration  of  Rights,  as  originally 
drafted,  rather  points  to  Henry's  authorship  ;  for  the  subsequent 
course  of  that  orator  proves  that,  although  in  favor  of  toleration 
and  "  Christian  forbearance,"  he  was  by  no  means  prepared  for 
the  perfect  freedom  secured  by  Madison's  amendment.1  Few 

1  Original   Draft.  Madison's  Amendment. 

That  religion  or  the  duty  we  owe  to  That  religion,  or  the  duty  we  owe  to 
our  Creator,  and  the  manner  of  dischar-  our  Creator  and  the  manner  of  dischar 
ging  it,  can  be  directed  only  by  reason  and  ging  it,  being  under  the  direction  of  reason 
conviction,  not  by  force  or  violence  :  and  and  religion  only,  not  of  violence  or 
therefore  that  all  men  should  enjoy  the  compulsion,  all  men  are  equally  entitled 
fullest  toleration  in  the  exercise  of  to  the  full  and  free  exercise  of  it,  accord- 
religion,  according  to  the  dictates  of  con-  ing  to  the  dictates  of  conscience,  and, 
science,  unpunished  and  unrestrained  by  therefore,  that  no  man  or  class  of  men, 
the  magistrate,  unless,  under  color  of  ought,  on  account  of  religion,  to  be 
religion,  any  man  disturb  the  peace,  hap-  invested  with  peculiar  emoluments  or 
piness,  and  safety  of  society.  And  that  it  privileges,  nor  subjected  to  any  penalties 
is  the  mutual  duty  of  all  to  practise  Chris-  or  disabilities,  unless,  under  color  of  reli- 


1 62  EDMUND  RANDOLPH. 

indeed  were  ready  for  Madison's  radicalism,  by  which  the  clerical 
emoluments  and  glebes  would  be  instantly  uprooted  ;  so  his 
amendment  was  pruned  in  committee.  The  Convention  was 
unconscious  of  having  disestablished  the  Church,  and  before  ad 
journing  modified  its  liturgy  by  substituting  the  Commonwealth 
for  the  King,  in  the  prayer,  leaving  it  otherwise  in  force.  In  the 
autumn  session  following  the  Assembly  suspended  the  tax  for 
support  of  the  clergy.  It  was  to  be  many  years  yet,  however, 
before  realization  of  the  true  and  full  meaning  of  the  principle 
adopted  in  the  Bill  of  Rights.  It  was  not  until  1780  that  a 
marriage  in  Virginia  could  legally  be  celebrated  outside  of  the 
English  Church! 

Thomas  Jefferson  perceived  that  there  was  nothing  to  prevent 
the  reestablishment  of  undenominational  religion,  and  in  1799 
induced  the  Committee  on  Revision  of  the  Laws  to  report  his 
famous  statute  securing  absolute  religious  freedom  as  well  as 
equality.  The  statute,  however,  had  to  be  submitted  with  the  rest 
to  the  revision  of  the  people.  Meanwhile  a  number  of  excellent 
people,  headed  by  Patrick  Henry,  alarmed  by  reports  of  declining 
morality,  made  a  determined  effort  to  establish  religion  in  Vir 
ginia.  The  first  sign  of  reaction  was  noted  by  Edmund  Randolph 
in  1783.  On  May  15,  writing  from  Williamsburg  he  informs 
Madison  :  "  Religion,  which  has  hitherto  been  treated  with  little 
respect  by  the  Assembly,  was  yesterday  incorporated  into  their 
proceedings.  Mr.  Hay  moved  for  a  chaplain,  and  that  a  prayer 
should  be  composed  adapted  to  all  persuasions.  The  prayer  has 
not  been  reported,  though  several  trials,  I  am  told,  have  been 

tian  forbearance,  love,  and  charity  tow-  gion,  the  preservation  of  equal  liberty 
ards  each  other.  and  the  existence  of  the  state  be  mani 

festly  endangered. 

As  Finally  Adopted. 

That  religion,  or  the  duty  we  owe  to  our  Creator,  and  the  manner  of  discharging 
it,  can  be  directed  only  by  reason  and  conviction,  not  by  force  or  violence,  and,  there 
fore,  all  men  are  equally  entitled  to  the  free  exercise  of  religion,  according  to  the 
dictates  of  conscience  ;  and  that  it  is  the  duty  of  all  to  practise  Christian  forbear 
ance,  love,  and  charity  towards  each  other. 


THE  ASSESSMENT  STRUGGLE.  163 

made."  A  year  later  petitions  poured  into  the  legislature  in  fa 
vor  of  a  general  assessment  for  the  support  of  religious  teachers. 
In  the  May  session  of  1784  the  House  of  Delegates  appointed  a 
standing  committee  to  consider  the  matter,  on  which  they  made 
a  favorable  report.  In  the  October  session  a  bill  for  the  assess 
ment  was  introduced,  which  Henry  supported.  It  was  claimed 
that  Washington,  Richard  Henry  Lee,  Marshall,  and  other  great 
men  were  in  favor  of  the  assessment.  For  this  new  religious  es 
tablishment  the  Presbyterians  were  more  eager  than  the  Episcopal 
clergy.  "  They  seem,"  said  Madison,  writing  from  the  Assembly 
to  Monroe,  "  as  ready  to  set  up  an  establishment  which  is  to  take 
them  in  as  they  were  to  pull  down  that  which  shut  them  out.  I 
do  not  know  a  more  shameful  contrast  than  might  be  found  be 
tween  their  memorials  on  the  latter  and  former  occasion."  The 
utmost  that  the  friends  of  freedom  could  secure  was  a  postpone 
ment  of  the  bill  until  constituencies  could  be  consulted.  Madison 
prepared  a  powerful  "  Memorial  "  against  it,  which  was  scattered 
throughout  the  State,  and  the  tide  turned.  By  24  September 
1785  Randolph  was  able  to  announce  to  Arthur  Lee  that  the 
Presbyterians  had  changed  their  tone.  "  Religion  too  will  form 
a  capital  figure  in  the  debates  of  the  next  Assembly.  The  Pres 
byterians  will  have  a  sufficient  force  to  prevent  the  general  assess 
ment,  possibly  to  repeal  the  act  of  incorporation.  The  delegates 
from  those  counties  in  which  the  majority  is  of  their  persuasion 
are  expected  with  full  and  pointed  instructions  on  both  heads." 
While  Madison  had  been  wrestling  with  the  reactionary  Presby 
terians,  Randolph  appears  to  have  been  laboring  with  the  Episco 
palians,  who  had  largely  favored  the  reestablishment  of  religion, 
although  colorless,  under  a  belief  that,  along  with  incorporation, 
it  might  amount  to  a  practical  restoration  of  their  authority.  On 
17  July  1785  (Richmond),  Randolph,  writing  to  Madison,  says: 
"  I  dedicate  to  you,  as  the  patron  of  the  protestant  Episcopal 
Church,  the  enclosed  journal.  Between  friends,  my  experience  in 


164  EDMUND  RANDOLPH. 

the  last  convention  [Episcopal]  does  not  make  me  anxious  to  step 
forward  in  another.  We  have  squeezed  a  little  liberality  from 
them  ;  but  at  a  future  day  they  will  be  harder  than  adamant,  and 
perhaps  credulous  that  they  possess  authority." 

When  the  hour  of  battle  arrived  Henry  had  left  the  Assembly 
to  become  Governor  ;  George  Mason  and  James  Madison  stood 
ready  for  the  struggle;  but  in  presence  of  the  pile  of  petitions  on 
the  table  against  the  proposal  it  was  abandoned  without  a  strug 
gle  Instead  of  the  assessment  bill  Jefferson's  statute  establish 
ing  religious  freedom,  lying  on  the  table  since  1779,  was  taken  up 
and  passed  into  law.1 

In  this  contest  Randolph,  State  Attorney  at  the  time,  was 
heart  and  soul  with  Madison  and  Mason,  but  his  views  on  a  re 
lated  matter  then  before  the  Assembly  diverged  from  those  of 
Madison.  In  1784  the  Assembly  granted  petitions  of  the  Epis 
copal  and  Presbyterian  churches  for  incorporation,  and  offered 
similar  incorporation  to  other  religious  societies.  The  Episcopal 
Church  alone  availed  themselves  of  the  concession,  and  a  bill  was 
introduced  by  Mr.  Henry  which,  after  elimination  of  some  cleri 
cal  "  survivals,"  was  passed.  The  object  of  the  bill  was  to  enable 
the  church  to  hold  and  manage  its  lands.  Madison  voted  for  this 
measure,  but  he  only  meant  it  as  a  nail  to  drive  out  a  rustier 
one — the  religious  assessment, — and  when  this  was  removed 
straightway  addressed  himself  to  repeal  the  act  of  incorporation. 
"  I  cannot,"  wrote  Randolph  to  Arthur  Lee,  "  I  cannot  but  con 
sider  the  act  of  incorporation  in  the  light  of  a  compact ;  which 
legislative  authority  may  dissolve  by  the  arm  of  power,  but  not 
by  the  rules  of  justice  and  honour."  Madison  aimed  to  repeal  the 
act,  as  recognizing  the  principle  of  legislative  interference  with 
religion,  but  admitted  that  each  sect  should  be  secured  its  prop 
erty.  Such  was  the  effect  of  the  Act  of  Jan.  1786.  (In  1802 
even  this  concession  was  withdrawn,  and  the  glebes  ordered  to  be 

1  For  a  painstaking  history  of  this  prolonged  struggle,  see  Rives'  "  Madison,"  vol.  I. 


THE  FIRST  AMENDMENT.  1 65 

sold ;  but  the  order  was  decided  to  be  unconstitutional,  and 
Randolph's  view  confirmed,  by  the  United  States  Supreme  Court. 
Terrett  v.  Taylor.  9  Cranch,  53.) 

Randolph  always  cherished  the  service  of  his  Church,  and  was 
generally  consulted  by  the  clergy.  I  have  before  me  a  letter 
written  from  Portsmouth  (15  Feb.  1787),  to  the  Rev.  Thomas 
Davies : 

"  I  have  often  wished  that  the  reading  of  the  liturgy  had  been  less 
an  act  of  indifference  and  languor  with  the  ministry  of  the  protestant 
episcopal  church.  For,  as  it  contains  sentiments  happily  fitted  to  true 
devotion,  its  dignity  is  debased  when  by  an  impropriety  of  delivery  it 
fails  to  promote  religious  fervor.  These  impressions  would  naturally 
prompt  me  to  favor  any  scheme  tending  to  rescue  this  excellent  com 
position  from  the  degraded  state  into  which  it  has  been  reduced  by  in 
attention.  And  it  gives  me  particular  pleasure  to  find  that  by  lending 
my  name  to  your  intended  publication  I  can  also  indulge  private  friend 
ship.  I  shall  be  ready  to  peruse  what  you  may  think  proper  to  give 
to  the  world.  The  plan  which  you  mean  to  pursue  seems  to  be  well 
adapted  to  your  purpose  ;  and  altho'  I  could  not  form  an  accurate 
opinion  of  the  whole  work  (it  being  not  yet  finished  and  hastily  heard 
by  me  yesterday),  I  have  sufficient  reason  to  believe  that  it  will  be  use 
ful,  from  being  present  at  your  performance  of  service  on  Sunday  last." 

While  thus  personally  affectionate  towards  his  Church,  Ran 
dolph  was  jealously  vigilant  in  the  matter  of  religious  liberty.  It 
was,  I  suspect,  an  impulse  of  gratitude  for  Franklin's  support  in 
his  political  heresies,  which  caused  him  to  second  the  aged  phi 
losopher's  proposal  that  sessions  of  the  Constitutional  Convention 
should  be  opened  with  prayer, — wherein  the  two  stood  alone. 
But  those  who  realize  the  vast  step  taken  when  the  United  States 
was  constitutionally  severed  from  religion,  will  be  interested  to 
know  that  this  is  due  to  Edmund  Randolph.  In  a  letter  to  Mad 
ison  of  29  February  1788  he  calls  his  attention  to  a  dangerous 
implication  of  Art.  VI.,  Sec.  3,  "  no  religious  test  shall  ever  be 
required  as  a  Qualification  to  any  office  or  public  Trust  under  the 
United  States."  In  this  letter  he  asks :  "  Does  not  this  exception  as 


166  EDMUND  RANDOLPH. 

to  a  religious  test  imply  that  the  Congress,  by  the  general  words, 
had  power  over  religion  ?  "  This  led  to  their  agreement  on  the 
XVIth  and  XXth  amendments,  accompanying  the  Virginia  ratifi 
cation,  which  were  combined  in  the  first  article  added  to  the  Con 
stitution.  It  is  probable  that  but  for  this  article  Washington  might 
not  have  been  able  to  write  the  Treaty  with  Moslems  on  that  his 
toric  landmark  of  religious  freedom  referred  to  at  the  beginning 
of  this  chapter, — "  The  Government  of  the  United  States  of 
America  is  not  in  any  sense  founded  on  the  Christian  Religion."  l 

1  In  quoting  this  Dr.  Philip  Schaff  omits  three  pregnant  words — "  in  any  sense  " 
("  Church  and  State  in  the  United  States,"  1888,  p.  41).  Other  errors  occur  in  Dr. 
Schaff's  useful  essay.  Washington  is  said  to  have  favored  assessment  for  religion  in 
Virginia  (p.  29).  He  was  so  reported,  but  wrote  a  disclaimer  (see  Rives'  "  Madison  "). 
On  p.  40  Dr.  Schaff  says  that  the  Constitution,  in  requiring  an  official  oath,  "  recog 
nizes  the  Supreme  Being,  to  whom  the  oath  is  a  solemn  appeal."  The  constitutional 
alternative  of  affirmation  is  here  omitted  ;  also  the  care  with  which  divine  sanction  is 
excluded  from  the  special  oath  of  the  President.  From  p.  62  it  might  be  inferred 
that  use  of  the  Bible,  in  administering  an  oath,  is  constitutional.  Interpretations  of 
the  law  are  often  erroneous.  Dr.  Schaff  claims  that  the  Supreme  Court  decision,  in 
Reynolds  v.  the  United  States,  would  exclude  from  toleration  "  the  public  exercise  of 
Mohammedanism  which  sanctions  polygamy."  It  is  not  the  sanction  but  the  practice 
of  polygamy  which  is  prohibited.  On  the  legal  relation  of  this  nation  to  religion  the 
most  important  volume  is  "The  Bible  in  the  Public  Schools"  (Cincinnati,  1870), 
which  contains  exhaustive  arguments  by  George  Hoadly,  Stanley  Matthews  (now 
Justice),  J.  B.  Stallo,  and  others.  The  judicial  opinions,  especially  that  of  Judge 
Taft,  are  very  able. 


CHAPTER    XVIII. 

STATE     AMENABILITY. 

THE  previous  chapter  opened  with  a  brave  v/ord  from  Wash 
ington.  The  present  may  open  with  a  paragraph  from  Jefferson, 
to  be  pondered  by  those  who  would  cover  the  immunity  of  repu 
diation  with  a  Jeffersonian  mantle.  Writing  from  Paris,  3  August, 
1787,  to  Edmund  Randolph,  then  in  the  Constitutional  Conven 
tion,  Jefferson  says  : 

"  I  am  anxious  to  hear  what  you  have  done  in  your  federal  conven 
tion.  I  am  in  hopes  at  least  you  will  persuade  the  States  to  commit 
their  commercial  arrangements  to  Congress,  and  to  enable  them  to  pay 
their  debts, — interest  and  capital.  The  coercive  powers  supposed  to 
be  wanting  in  the  federal  head,  I  am  of  opinion,  they  possess  by  the 
law  of  nature,  which  authorizes  one  party  to  an  agreement  to  compel 
the  other  to  its  performance.  A  delinquent  State  makes  itself  a  party 
against  the  rest  of  the  Confederacy." 

At  the  close  of  the  Revolution  the  citizens  of  the  United 
States  found  themselves  loaded  with  "  British  debts."  The  treaty 
of  peace  with  Great  Britain  required  that  these  obligations  should 
not  be  impaired.  The  foreign  bonds  were  largely  transferred  to 
citizens  of  the  United  States,  in  order  that  they  should  not  be 
escaped  by  State  assumptions  of  their  citizens'  debts.  The  consti 
tutional  prohibition  (Art.  I.)  against  "  impairing  the  obligation  of 
contracts"  was  one  of  the  compromises  of  the  Constitution.  The 
eloquence  of  H  enry  and  the  ingenuity  of  Marshall  (not  yet  Justice) 
were  vainly  expended  to  maintain  an  escape  for  the  debtor 
through  collusion  with  his  State.  (Jones  v.  Hylton.  Curtis. 

167 


1 68  EDMUND  RANDOLPH. 

Decisions  i.,  164.)  In  March  1789  Randolph  wrote  Madison 
that  if  the  peace  of  this  country  ever  suffered  a  main  cause  would 
be  these  "  British  debts."  When  he  became  Attorney  General 
he  was  confronted  by  a  case  involving  the  amenability  of  a  State 
to  an  alien  creditor,  at  a  time  when  Henry's  passionate  arguments, 
in  the  case  at  Richmond,  had  rekindled  the  sentiment  of  State 
soveignty.  On  12  August  1792  he  writes  to  Madison  from 
Germantown  : 

"  I  was  engaged  during  the  whole  of  last  week  in  the  Supreme 
Court  of  the  United  States.  Our  business  was  rather  preparatory  to 
some  great  discussions  at  the  succeeding  term  than  decisive  of  any 
question.  The  amenability  of  a  state  is  fixed  for  debate  on  the  first 
Monday  in  February.  The  State  of  Georgia  applied  for  an  injunction 
to  stop  in  the  Marshal's  hands  a  sum  of  money  which  had  been  recov 
ered  in  the  last  circuit  court  by  a  British  subject,  whose  estate  had 
been  confiscated.  It  was  granted,  with  a  demonstration  to  me  of  these 
facts  :  that  the  premier  aimed  at  the  cultivation  of  Southern  popularity  ; 
that  the  professor  knows  not  an  iota  of  equity  ;  that  the  North  Caro- 
linas  repented  of  the  first  ebullitions  of  a  warm  temper  ;  and  that  it 
will  take  a  series  of  years  to  settle  with  such  a  mixture  of  judges  a 
regular  course  of  chancery." 

This  famous  case,  of  Chisholm  ex'r.  v.  Georgia  (2  Dallas  Rep. 
419),  was  submitted  to  the  Supreme  Court  at  the  August  term, 
1792,  when  Randolph  moved  its  postponement,  on  account  of  its 
vast  importance  and  to  avoid  precipitancy.  The  remonstrance  of 
Georgia  against  the  jurisdiction  of  the  Federal  Court  excited  atten 
tion,  and  efforts  were  successfully  made  to  get  up  a  "  State-Sover 
eignty"  agitation  in  the  interval.  When  the  case  came  on  in 
February  1793,  Randolph  moved  that  Georgia  should  be  ordered 
to  appear  at  next  term,  or  judgment  then  entered  against  the 
State.  "  I  did  not  want  the  remonstrance  of  Georgia,"  he  said, 
in  opening  the  case,  "  to  satisfy  me  that  the  motion  which  I  have 
made  is  unpopular.  Before  that  remonstrance  was  read  I  had 
learned  from  the  acts  of  another  State,  whose  will  must  be  always 
dear  to  me,  that  she  too  condemned  it.  On  ordinary  occasions 


NO  RIGHT  TO  DO  WRONG.  169 

these  dignified  opinions  might  influence  me  greatly,  but,  on  this, 
which  brings  into  question  a  constitutional  right,  to  surrender  it 
would  be  in  me  an  official  perfidy." 

Having  shown  the  suability  of  a  State  under  Art.  III.,  Sec.  2, 
Randolph  adduces  the  spirit  of  the  Constitution  : 

"  Are  States,  then,  to  enjoy  the  high  privilege  of  acting  thus  emi 
nently  wrong  without  control  ?  .  .  .  The  Common  Law  has  established 
a  principle  that  no  prohibitory  act  shall  be  without  its  vindicatory  qual 
ity,  or,  in  other  words,  that  the  infraction  of  a  prohibitory  law,  although 
an  express  penalty  be  omitted,  is  still  punishable.  Government  itself 
would  be  useless  if  a  pleasure  to  obey  or  transgress  with  impunity 
should  be  established  in  place  of  a  sanction  to  its  laws.  This  was  a 
just  cause  of  complaint  against  the  deceased  Confederation.  In  our 
solicitude  for  a  remedy  we  meet  with  no  difficulty  where  the  conduct 
of  a  State  can  be  animadverted  on  through  the  medium  of  an  individual. 
For  instance,  without  suing  a  State,  a  person  arrested  may  be  liberated 
by  habeas  corpus  ;  a  person  attainted,  a  convict  under  an  ex  post  facto 
law,  may  be  saved  ;  those  who  offend  against  improper  treaties  may  be 
protected,  or  who  execute  them  may  be  punished  ;  the  actors  under 
letters  of  marque  and  reprisal  may  be  mulcted  ;  coinage,  bills  of  credit, 
unwarranted  tenders,  and  the  impairing  of  contracts  between  individ 
uals,  may  be  annihilated.  But  this  redress  goes  only  half  way,  as  some 
of  the  preceding  unconstitutional  actions  must  pass  without  censure 
unless  States  can  be  made  defendants.  What  is  to  be  done  if,  in  con 
sequence  of  a  bill  of  attainder  or  ex  post  facto  law,  the  estate  of  a  citi 
zen  shall  be  confiscated  and  deposited  in  the  treasury  of  a  State? 
What,  if  a  State  should  adulterate  or  coin  money  below  the  Congres 
sional  standard,  emit  bills  of  credit,  or  erect  unconstitutional  tenders 
for  the  purpose  of  extinguishing  its  own  debts  ?  These  evils,  and 
others  which  might  be  enumerated  like  them,  cannot  be  corrected  with 
out  a  suit  against  the  State.  It  is  not  denied  that  one  State  may  be 
sued  by  another,  and  the  reason  would  seem  to  be  the  same  why  an  in 
dividual  who  is  aggrieved  should  sue  the  State  aggrieving.  A  distinc 
tion  between  the  cases  is  supportable  only  on  a  supposed  comparative 
inferiority  of  the  Plaintiff ;  but  the  framers  of  the  Constitution  could 
never  have  thought  thus.  They  must  have  viewed  human  rights  in 
their  essence,  not  in  their  mere  form.  They  had  heard,  seen — I  will 
say  felt — that  Legislators  were  not  so  far  sublimer  than  other  men  as 
to  soar  beyond  the  region  of  passion.  Unfledged  as  America  was  in 


1 70  EDMUND  RANDOLPH. 

the  vices  of  old  governments,  she  had  some  incident  to  her  own  new 
situation.     Individuals  had  been  victims  of  the  oppression  of  States." 

Randolph  then  proceeded  to  justify  his  doctrines,  first,  by  the 
relation  between  the  Federal  and  State  governments. 

"  I  acknowledge  and  shall  always  contend  that  the  States  are  sover 
eignties,  but  with  the  free  will,  arising  from  absolute  independence,  to 
combine  in  government  for  their  own  happiness.  Hence  sprang  the 
Confederation  ;  under  which  indeed  the  States  retained  their  ex 
emption  from  the  forensic  jurisdiction  of  each  other,  and,  except  under 
a  peculiar  modification,  of  the  United  States  themselves.  Nor  could  it 
be  otherwise,  since  such  a  jurisdiction  was  nowhere,  according  to  the 
language  of  that  instrument,  expressly  delegated.  This  government  of 
supplication  cried  aloud  for  its  own  reform,  and  the  public  mind  of 
America  decided  that  it  must  perish  of  itself,  and  that  the  Union  would 
be  thrown  into  jeopardy  unless  the  energy  of  the  general  system  should 
be  increased.  Then  it  was  that  the  present  constitution  produced  a 
new  order  of  things.  It  derives  its  origin  immediately  from  the  peo 
ple  ;  and  the  people  individually  are  under  certain  limitations,  subject 
to  the  legislative,  executive,  and  judicial  authorities  thereby  established. 
The  States  are,  in  fact,  assemblages  of  the  individuals  who  are  liable 
to  process.  The  limitations  which  the  Federal  Government  is  admitted 
to  impose  upon  their  powers  are  diminution  of  sovereignty  at  least 
equal  to  making  them  defendants.  It  is  not  pretended,  however,  to 
deduce  from  these  arguments  alone  the  amenability  of  States  to  judi 
cial  cognizance  ;  but  the  result  is,  that  there  is  nothing  in  the  nature  of 
sovereignties,  combined  as  those  in  America  are,  to  prevent  the  words 
of  the  Constitution,  if  they  naturally  mean  what  I  have  asserted,  from 
receiving  an  easy  and  natural  construction.  But  pursue  the  idea  a 
step  farther,  and  trace  one  of  a  multitude  of  examples  in  which  the 
General  Government  maybe  convulsed  to  its  centre,  without  this  judi 
cial  power.  If  a  State  shall  injure  an  individual  of  another  State, 
the  latter  must  protect  himself  by  a  remonstrance.  What  if  this  be 
ineffectual  ?  " 

After  showing  that,  in  the  absence  of  any  authority  for  judi 
cial  adjustment,  the  arbitrament  of  strife  is  invited,  and  the 
tranquillity  of  the  nation  left  at  the  mercy  of  every  State,  Ran 
dolph  argues,  secondly,  the  law  of  nations.  He  cites  Bynkers- 


THE  FEDERAL  ARM.  I /I 

hoeck  (III.  4)  to  prove  that  a  prince  may  be  summoned  before 
a  tribunal  in  a  foreign  kingdom  wherein  he  has  property ; 
and  proceeds  :  "  Now  although  each  State  has  its  separate  terri 
tory,  in  one  sense,  the  whole  is  that  of  the  United  States  in 
another.  The  jurisdiction  of  this  court  reaches  to  Georgia  as  well 
as  Philadelphia.  If  therefore  the  process  could  be  commenced 
in  rem,  the  authority  of  Bynkershoeck  would  justify  us  ;  and 
whether  it  be  commenced  in  rem  or  in  personam,  the  principle  of 
amenability  is  equally  assured."  His  third  and  final  point  is  that 
this  amenability  of  a  State  is  not  weakened  by  want  of  special 
provision  in  the  Constitution  for  execution  ;  since  there  is  no- 
such  provision  even  where  States  are  in  litigation. 

"  By  the  i4th  Section  of  the  Judiciary  Act  the  Supreme  Court,  as; 
one  of  the  Courts  of  the  United  States,  has  power  to  issue  writs  of 
scire  facias,  habeas  corpus,  and  all  other  writs  not  specially  provided  for 
by  the  statute,  which  may  be  necessary  for  the  exercise  of  their  respect 
ive  jurisdictions,  and  agreeable  to  the  principles  and  usages  of  law. 
Executions  for  one  State  against  another  are  writs  not  specially  pro 
vided  for  by  the  Statute,  and  are  necessary  for  the  exercise  of  the 
jurisdiction  of  the  Supreme  Court  in  a  contest  between  States  ;  and 
although,  in  neither  the  Common  Law  or  any  Statute,  the  form  of  such 
an  execution  appears,  yet  it  is  agreeable  to  the  principles  and  usages  of 
law  that  there  should  be  a  mode  of  carrying  into  force  a  jurisdiction 
which  is  not  denied.  If,  then,  the  Supreme  Court  may  create  a  mode 
of  execution  when  a  State  is  defeated  at  law  by  a  State,  why  may  not 
the  same  means  be  exerted  when  an  individual  is  successful  against  a 
State  ? " 

In  answering  the  question,  what  species  of  execution  could 
be  devised  against  a  State,  Randolph  suggests  that  it  would 
depend  on  the  specific  matter  involved. 

"  What  if  the  State  is  resolved  to  oppose  the  execution  ?  This 
would  be  an  awful  question  indeed.  He  to  whose  lot  it  should  fall  to 
solve  it  would  be  impelled  to  invoke  the  God  of  wisdom  to  illuminate 
his  decision.  I  will  not  believe  he  would  recall  the  tremendous  exam 
ples  of  vengeance  which  in  past  days  have  been  inflicted  by  those  who 
claim  against  those  who  violate  authority.  I  will  not  believe  that  in 


1/2  EDMUND  RANDOLPH. 

the  wide  and  gloomy  theatre  over  which  his  eye  should  roll  he  might 
perchance  catch  a  distant  glimpse  of  the  federal  arm  uplifted.  Scenes 
like  these  are  too  full  of  horror  not  to  agitate,  not  to  rack,  the  imagina 
tion.  But  at  last  we  meet  still  on  this  result  :  there  are  many  duties, 
precisely  defined,  which  the  States  must  perform.  Let  the  remedy 
which  is  to  be  administered,  if  these  should  be  disobeyed,  be  the  rem 
edy  on  the  occasion  we  contemplate.  The  argument  requires  no  more 
to  be  said.  It  surely  does  not  require  us  to  dwell  on  such  painful  pos 
sibilities.  Rather  let  me  hope  and  pray  that  not  a  single  star  in  the 
American  constellation  will  ever  suffer  its  lustre  to  be  diminished  by 
hostility  against  the  sentence  of  a  court  which  itself  has  adopted. 

"But  after  all,  although  no  mode  of  execution  should  be  invented, 
why  shall  not  the  Court  proceed  to  judgment.  It  is  well  known  that 
the  courts  of  some  States  have  been  directed  to  render  judgment  and 
then  stop  ;  and  that  the  Chancery  has  often  tied  up  the  hands  of  the 
Common  Law  in  a  like  manner.  Perhaps  if  a  government  should  be 
constituted  without  mingling  at  all  the  three  orders  of  power,  court 
should,  in  strict  theory,  only  declare  the  law  of  the  case,  and  the  sub 
ject  upon  which  the  execution  is  to  be  levied,  and  should  leave  their 
opinions  to  be  enforced  by  the  Executive.  But  that  any  State  should 
refuse  to  conform  to  a  solemn  determination  of  the  Supreme  Court  of 
the  Union  is  impossible,  until  she  shall  abandon  her  love  of  peace, 
fidelity  to  compact,  and  character." 

Finally,  after  arguing  that  the  service  on  the  Governor  and  the 
State  Attorney  of  Georgia  was  competent,  Randolph  concludes  : 

"  With  this  discussion,  though  purely  legal,  it  will  be  impossible  to 
prevent  the  world  from  blending  political  considerations.  Some  may 
call  this  an  attempt  to  consolidate.  Before  such  an  imputation  shall 
be  pronounced,  let  them  examine  well  if  a  fair  interpretation  of  the 
Constitution  does  not  vindicate  my  opinion.  Above  all,  let  me  person 
ally  assure  them  that  the  prostration  of  State  rights  is  no  object  with 
me  ;  but  that  I  remain  in  perfect  confidence  that  with  the  power  which 
the  people  and  the  legislatures  of  the  States  hold  over  almost  every 
movement  of  the  National  Government,  the  States  need  not  fear  an 
assault  of  bold  ambition,  or  any  approach  of  covered  stratagem." 

The  opinions  of  the  Justices  will  repay  the  attention  of  his 
torical  students ;  that  of  Justice  Wilson,  especially,  which  sol 
emnly  repudiated  the  phrase  "  State  Sovereignty."  "  In  an  instru- 


THE  ELEVENTH  AMENDMENT.  1/3 

ment  well  drawn  as  in  a  poem  well  composed  silence  is  most 
expressive  "  ;  "  to  the  Constitution  the  term  sovereignty  is  totally 
unknown  "  ;  "  the  term  '  sovereign  '  has  for  its  correlative  '  sub 
ject.  ' '  "  The  citizens  of  Georgia,  when  they  acted  upon  the 
large  scale  of  the  Union,  as  a  part  of  the  '  people  of  the  United 
States/  did  not  surrender  the  supreme  of  sovereign  power  to  that 
State,  but,  as  to  the  purposes  of  the  Union,  retained  it  to  them 
selves.  Therefore,  Georgia  is  not  a  sovereign  State."  "  A  State 
like  a  merchant  makes  a  contract ;  a  dishonest  State  like  a  dis 
honest  merchant  wilfully  refuses  to  discharge  it ;  the  latter  is 
amenable  to  a  court  of  justice ;  upon  general  principles  of 
right,  shall  the  former,  when  summoned  to  answer  the  fair  de 
mand  of  its  creditor,  be  permitted  Proteus-like  to  assume  a  new 
appearance,  and  to  insult  him  and  justice  by  declaring,  *  I  am  a 
Sovereign  State  '  ?  "  "  The  sovereign  when  traced  to  his  source 
must  be  found  in  the  man."  Justice  Blair  (Virginia)  in  the  course 
of  his  opinion  said :  "  Let  us  go  on  as  far  as  we  can  ;  and  if  at  the 
end  of  the  business,  notwithstanding  the  powers  given  us  in  the 
I4th  Section  of  the  Judicial  Law,  we  meet  difficulties  insurmount 
able  to  us,  we  must  leave  it  to  those  departments  of  Government 
which  have  higher  powers."  Justice  Gushing  (Massachusetts) 
said  :  "  The  rights  of  individuals  and  the  justice  due  to  them  are 
as  dear  and  precious  as  those  of  States.  Indeed,  the  latter  are 
founded  on  the  former ;  and  the  great  end  and  object  of  them 
must  be  to  secure  and  support  the  rights  of  individuals,  or  else 
vain  is  government."  Chief  Justice  Jay  observed  that  Georgia 
was  at  that  very  time  suing  two  citizens  of  South  Carolina  in  that 
court,  and  pointed  out  the  correlation  between  the  right  to  sue 
and  liability  to  be  sued. 

The  temptation  to  invest  with  patriotic  pride  a  disinclination 
to  pay  debts  was  strong.  Sovereignty,  trembling  at  once  with 
dignity  and  terror,  hastened  to  answer  the  Supreme  Court  with 
the  Xlth  Amendment. 


174  EDMUND  RANDOLPH. 

This  Amendment,  the  bitter  fruit  of  Randolph's  success,  con 
tained  seed  which  have  borne  results  so  important  that  I  venture 
to  append  here  some  brief  historic  and  legal  episode  concerning 
them.  It  is  quoted  for  the  reader's  convenience  :  "  The  judicial 
power  of  the  United  States  shall  not  be  construed  to  extend  to 
any  suit  in  law  or  equity  commenced  or  prosecuted  against  one 
of  the  United  States  by  citizens  of  another  State,  or  by  citizens 
or  subjects  of  any  foreign  State." 

This  Amendment,  on  which  States  rely  to  shelter  unconstitu 
tional  laws  "  impairing  the  obligation  of  contracts  "  (Art.  I.,  Sec. 
10),  was  introduced  into  the  Senate  on  2  January  1794.  On  the 
I4th  Albert  Gallatin  tried  to  amend  the  amendment,  first,  by 
adding :  "  Except  in  cases  arising  under  treaties  made  under  the 
authority  of  the  United  States  "  ;  that  having  failed,  by  adding: 
"  Where  the  cause  of  action  shall  have  arisen  before  the  ratifica 
tion  of  this  amendment."  Perhaps  this  effort  to  strip  repudiation 
of  its  patriotic  purple,  by  revealing  while  professing  to  satisfy  its 
dread  of  "  British  debts,"  was  one  cause  of  unseating  Gallatin. 
One  other  name,  Rutherford  of  New  Jersey,  stands  on  this  small 
roll  of  honor  in  the  Senate.  This  ex-post  facto  law,  infraction  of 
treaty,  and  impairing  of  contracts,  all  in  one,  passed  in  the  Sen 
ate  by  23  to  2.  In  the  House,  Elias  Boudinot  of  Pennsylvania 
moved  to  add  :  "  Where  such  States  shall  have  previously  made 
provision  in  their  own  courts  whereby  such  suits  may  be  prose 
cuted  to  effect."  Notwithstanding  the  gallant  fight  made  by  Bou 
dinot  and  his  comrades,  the  original  passed  by  77  to  8.  The 
names  stand  in  two  columns  on  the  House  Journal  (Vol.  II),  one 
headed  with  the  name  of  Fisher  Ames,  the  other  with  that  of 
James  Madison.  The  phrase  "  commenced  or  prosecuted  "  in  the 
Xlth  Amendment  was  avowedly  contrived  to  have  a  retrospec 
tive  bearing  on  the  Georgia  case.  Chisholm  was,  therefore,  de 
frauded  of  his  judgment  by  the  very  court  which  awarded  it,  no 
further  action  being  taken  until  after  the  proclamation  of  the 


MARSHALL'S  OPINION.  1/5 

ratified  Article  in  1/98,  when  that,  and  all  suits  against  States 
were  swept  from  the  records  by  the  unanimous  decision  of  the 
Justices,  in  Hollingsworth,  et  al.,  v.  Virginia. 

It  was  an  inevitable  result  of  this  Xlth  Amendment  that 
plaintiffs  against  States  were  driven  to  seek  redress  by  devices — 
chiefly  by  avoiding  the  use  of  the  State's  name  on  the  record. 
The  decision  of  Chief  Justice  Marshall  (Osborn  v.  Bank  of  the 
U.  S.,  9  Wheaton)  established  a  modus  vivendi  with  the  new  Arti 
cle,  and  the  principles  laid  down  bear  equally  on  the  liability  of 
a  State  to  its  own  citizens  and  those  of  other  States.  The  Chief 
Justice  asked  where  we  are  landed  by  a  denial  of  the  liability  of 
the  agents  of  States  to  suits,  and  as  we  are  just  now  in  danger  of 
being  landed  there  the  summary  is  of  present  interest. 

"  A  denial  of  jurisdiction  forbids  all  inquiry  into  the  nature  of 
the  case.  It  applies  to  cases  perfectly  clear  in  themselves  ;  to 
cases  where  the  government  is  in  the  exercise  of  its  best  estab 
lished  and  most  essential  powers,  as  well  as  to  those  which 
may  be  deemed  questionable.  It  asserts  that  the  agents  of  a 
State,  alleging  the  authority  of  law  void  in  itself  because  repug 
nant  to  the  Constitution,  may  resist  the  execution  of  any  law  of 
the  United  States.  It  maintains  that  if  a  State  shall  impose  a 
fine  or  penalty  on  any  person  employed  in  the  execution  of  any 
law  of  the  United  States,  it  may  levy  that  fine  or  penalty  by 
a  ministerial  officer  without  the  sanction  even  of  its  own  courts, 
and  that  the  individual,  though  he  perceive  the  approaching 
danger,  can  obtain  no  protection  from  the  judicial  department 
of  the  government.  The  carrier  of  the  mail,  the  collector  of  the 
revenue,  the  marshal  of  the  district,  the  recruiting  officer,  may  all 
be  inhibited  under  various  penalties  from  the  performance  of 
their  respective  duties.  The  warrant  of  a  ministerial  officer  may 
authorize  the  collection  of  these  penalties.  The  person  thus  ob 
structed  in  the  performance  of  his  duty  may,  indeed,  resort  to  his 
action  for  damages  after  the  infliction  of  an  injury,  but  cannot 


176  EDMUND  RANDOLPH. 

avail  himself  of  the  preventive  justice  of  the  nation  to  protect 
him  in  the  performance  of  his  duties.  Each  member  of  the 
Union  is  capable  at  its  will  of  attacking  the  nation,  of  arrest 
ing  its  progress  at  every  step,  of  acting  vigorously  and  effect 
ively  in  the  execution  of  its  designs,  while  the  nation  stands 
helpless,  stripped  of  its  defensive  armor,  and  incapable  of  shield 
ing  its  agent  or  executing  its  laws,  otherwise  than  by  proceedings 
which  are  to  take  place  after  the  mischief  is  perpetrated,  and 
which  must  often  be  ineffectual  from  the  inability  of  the  agents 
to  make  compensation." 

In  October  1887  Marshall's  finely  built  refuge  from  all  these 
liabilities  crumbled.  The  Supreme  Court  decided,  in  the  Virginia 
"  Contempt  Cases,"  that  it  must  go  behind  the  record  and  find 
whether  any  State  is  the  real  party  interested.  It  must  thus  be 
concluded  that  so  far  as  aliens  or  citizens  of  other  States  are  con 
cerned  the  nation  can  secure  them  no  protection  from  wrong  by 
any  State  until  after  the  wrong  is  done.  Such  is  the  evolution  of 
the  Xlth  Amendment, — or  devolution,  one  may  say  better, 
for  it  has  carried  us  back  to  the  least  civilized  time  of  the  country. 
Our  Justices  have  resumed  the  term  "  sovereignty,"  so  carefully 
left  out  of  the  Constitution,  which  even  monarchies  disown  ex 
cept  as  legal  fiction.  And  why  not  ?  They  who  may  be  wronged 
by  a  State  and  have  no  redress  are  to  that  extent  its  u  subjects." 
And,  as  the  great  Justice  Wilson  said,  the  correlative  of  subject 
is  sovereign.  It  is  a  long  descent  from  that  to  the  mediaeval  utter 
ance  of  a  present  justice,  that  immunity  of  a  State  from  suit  is 
"  a  privilege  of  sovereignty." 

The  courageous  speech  of  Randolph  bears  on  issues  of  present 
importance.  In  the  draft  of  a  national  constitution,  elsewhere 
considered,  Randolph  had  inserted  the  following  clause :  "  All 
laws  of  a  particular  State  repugnant  hereto  shall  be  void,  and  in 
the  decision  thereon,  which  shall  be  vested  in  the  Supreme 
Judiciary,  all  incidents  without  which  the  general  principle  cannot 


THE   CITIZEN  AND  HIS  STATE.  1 77 

be  satisfied,  shall  be  considered  as  involved  in  the  general  prin 
ciple."  Had  such  a  provision  been  adopted  nullification  would 
have  been  impossible,  because  if  the  general  principle  could  not 
be  satisfied  without  direct  restraint  on  the  authorities  of  a  State 
that  restraint  could  be  applied.  The  Supreme  Court  was,  indeed, 
given  the  balances  between  laws  and  individuals  threatened  by 
them  ;  it  had  power  to  protect  an  individual  from  damage  before 
the  damage  was  done.  But  on  the  first  exercise  of  that  just 
power,  so  far  as  aliens  were  concerned,  it  was  snatched  away. 
The  equation  between  power  to  sue  and  liability  to  be  sued  was 
overthrown  by  a  provincial  notion  of  "  sovereignty  "  which  no 
European  monarchy  is  petty  enough  to  hold. 

It  is  important  to  call  attention  to  one  part  of  Randolph's 
argument  which  bears  on  the  question  of  the  suability  of  a 
State  by  its  own  citizens.  On  this  point  we  have  some  obiter 
dicta  from  our  Supreme  Court,  and  as  I  write  there  is  pending 
before  that  tribunal  a  case  (North  Carolina  v.  Alfred  H.  Temple) 
which  directly  involves  that  question.  It  can  hardly  fail  to  im 
press  any  one  who  scrutinizes  the  Xlth  Amendment  that  all 
reference  to  a  citizen's  right  as  against  his  own  State  must  have 
been  omitted  on  full  consideration.  But,  as  the  spirit  of  the 
Constitution  is  adverse  to  the  assumption  of  powers  by  the 
Federal  Government  by  implication  only,  unless  when  such 
powers  are  essential  to  others  distinctly  given,  the  question  re 
mains  whether  the  framers  of  the  Constitution  really  intended  to 
institute  or  to  deny  the  right  of  a  citizen  to  sue  his  State. 

The  case  of  Chisholm  v.  Georgia,  read  by  the  light  of  Ran 
dolph's  letters,  bears  on  this  same  point. 

In  Article  III.,  Sec.  2,  the  jurisdiction  of  the  Supreme  Court 
in  cases  between  a  State  and  aliens  is  so  clear  that  it  may  ex 
cite  astonishment  that  Georgia  should  have  denied  it.  Chief 
Justice  Jay  said,  in  giving  his  opinion :  "  Georgia  refuses  to  ap 
pear  and  answer  to  the  plaintiff  because  she  is  a  sovereign  [sic] 


EDMUND  RANDOLPH. 

State,  and  therefore  not  liable  to  such  actions."  Now,  if  the 
reader  will  observe  the  phraseology  of  the  Attorney  General, 
in  the  letter  to  Madison  quoted  above,  he  will  see  that  "  the 
amenability  of  a  State "  is  declared  to  be  in  question,  not 
merely  amenability  to  a  foreign  plaintiff.  The  whole  course  of 
the  proceedings  prove  that  the  amenability  of  a  State  to  one  of 
its  own  citizens  was  included  in  the  general  question  whether  a 
State  could  be  involuntarily  made  a  party  in  a  suit.  For  the 
Judiciary  Act  (Sec.  13)  said:  "The  Supreme  Court  shall  have 
exclusive  jurisdiction  of  all  controversies  of  a  civil  nature,  when 
a  State  is  a  party,  except  between  a  State  and  its  citizens,  and 
except,  also,  between  a  State  and  the  citizens  of  other  States,  or 
aliens,  in  which  latter  case  it  shall  have  original  but  not  exclusive 
jurisdiction."  From  this  it  is  clear  that  the  jurisdiction  of  the 
Court  extended  to  civil  actions  between  a  citizen  and  his  State 
where  a  Federal  question  was  involved.  Otherwise  the  Constitu 
tion  could  not  have  enforced  its  provisions  against  a  citizen's  in 
jury  by  infraction  of  contract  or  deprivation  of  liberty  or  property 
without  due  process  of  law.  That  the  suability  of  a  State  by  one 
of  its  citizens  is  not  among  the  specifications  of  jurisdiction  in 
Art.  III.,  Sec.  2,  is  explicable  by  the  fact  that  these  are  limited 
to  issues  involving  probable  conflicts  between  two  or  more 
other  jurisdictions — such,  for  example,  as  those  of  a  State  and 
a  foreign  State.  Where  an  individual  citizen  and  his  own  State 
are  in  question  the  issue  is  between  the  single  jurisdiction  of 
the  State  and  its  revising  Federal  branch,  whose  authority  is 
therefore  established  by  the  first  clause  of  the  section.  "  The 
judicial  power  shall  extend  to  all  cases,  in  law  or  equity,  arising 
under  this  Constitution,  the  laws  of  the  United  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority." 

In  the  Articles  of  Amendment  III.,  IV.,  V.,  VI.,  VII.,  VIII., 
the  United  States  has  entered  into  compact  with  its  individual 
citizens  which  cannot  be  fulfilled,  in  some  cases,  without  sanction- 


"PETITION  OF  RIGHT:'  179 

ing  suit  against  a  State.  What  is  "  due  process  of  law,"  where  a 
citizen  is  deprived  of  property;  what  is  "just  compensation" 
where  private  property  is  "  taken  for  public  use " ;  what  are 
"  excessive  fines," — cannot  be  determined  without  making  a 
State  responsible  after  the  old  English  fashion,  through  its  minis 
ters.  The  relative  dignity  of  State  and  citizen  is  inadmissible. 
Justice  is  no  respecter  of  persons.  Apparently  the  right  of  a  citi 
zen  to  sue  his  own  State  was  carefully  excluded  from  the  reclama 
tions  of  the  Xlth  Amendment  because  Congress  was  not 
willing  to  turn  the  American  citizen  into  a  subject,  leaving  him 
without  redress  against  the  local  government  under  which  he'lives. 
Indeed,  no  Englishman,  since  Magna  Charta,  has  been  a 
41  subject "  so  helpless  as  an  American  would  be  without  legal 
redress  from  local  wrong.  Whence  did  the  Ministry  of  the 
American  State  derive  an  irresponsibility  unknown  in  the  Eng 
lish  State  ?  Our  Revolution  transferred  to  each  State  the 
sovereignty  previously  possessed  by  the  British  nation  within  its 
limits.  This  sovereignty  was  not  inherited  by  a  governor,  or  a 
legislature,  or  a  bench,  but  by  a  people.  The  old  world  emperor 
said  :  '  I  am  the  State  ";  the  new  world  answered  :  "  No,  the 
people  are  the  State."  It  was  the  answer  of  Englishmen  who 
found  themselves  free  to  harmonize  institutions  with  English 
principles.  But  we  are  now  threatened  with  relapse  into  barbar 
ous  notions  of  "  privilege  "  and  "  sovereignty."  The  English 
sovereign  can  do  no  wrong,  because,  as  a  person,  he  can  do  noth 
ing  affecting  the  right  of  any  citizen  ;  he  can  act  only  through 
his  Ministry,  and  through  them  alone  is  responsible.  The  Crown 
is  the  symbol  of  a  nationality  which  can  be  reached  only  through 
its  agents.  It  is  not  a  question  of  dignity  but  of  practicability. 
The  Crown  is  bound  by  a  "  petition  of  right."  This  phrase  is 
sometimes  used  in  America  as  if  equivalent  to  "  petition  for 
right "  to  sue.  In  this  connection  the  word  "  petition  "  is  relic 
from  a  period  when  authority  might  withhold  justice ;  so  also  is 


180  EDMUND  RANDOLPH. 

the  word  "  sue,"  originally  meaning  to  petition  ;  but  neither  now 
implies  any  such  authority.  It  is  mere  mental  confusion  to  say 
"  no  State  can  be  sued  without  its  consent."  If  a  government 
be  meant  it  is  untrue.  The  English  government  may  be  sued 
by  the  humblest  individual ;  any  American  State  government 
may  be  sued  by  another  State.  If  the  people  of  a  State  be 
meant  it  is  true  that  it  cannot  be  sued  without  its  consent ;  but 
its  consent  was  given  here,  as  in  England,  long  ago ;  in  neither 
country  can  it  be  withdrawn,  or  need  it  be  asked  for  again, — 
unless  ceremoniously,  as  a  lawyer  "  submits  "  his  case  without 
implying  that  the  judge  has  any  choice  in  the  matter.  Can  a 
State  now  choose  whether  it  will  or  not  be  sued  by  another  State  ? 
The  consent  given  by  the  American  States  to  be  sued  by  aliens 
has  been  constitutionally  withdrawn.  The  right  of  an  American 
citizen  to  claim  the  shield  of  his  country  against  local  legislative 
or  ministerial  oppression  has  never  been  taken  away,  and  it  re 
mains  to  be  seen  whether  we  have  lost,  by  our  independence,  a 
safeguard  possessed  by  every  "  subject "  of  Great  Britain. 

Should  it  now  be  decided  that  a  State  has  immunity  from 
suit  by  its  own  citizens,  the  results  may  prove  more  serious  than 
the  disaster  of  English  bondholders.  There  could  be  nothing 
to  prevent  the  virtual  re-establishment  of  slavery  by  any  State. 
Prudence  would,  of  course,  suggest  some  other  name  for  it ;  it 
might  be  called  Readjustment  of  Labor,  for  instance ;  but,  un 
less  a  State  can  be  held  responsible  through  its  ministers,  what 
could  prevent  it  from  turning  any  portion  of  its  population 
into  serfs  ?  What  could  be  the  procedure  were  a  State  to  enact 
some  property-qualification  for  suffrage,  along  with  an  act  dis 
qualifying  negroes  from  holding  the  requisite  property?  The 
law  might  be  unconstitutional,  but,  be  it  remembered  that  under 
the  recent  decisions  there  can  be  no  test  cases.  If  Sambo  can 
obtain  the  means  to  reach  the  Supreme  Court  and  secure  his 
rights,  then  Sambo  is  righted  ;  but  it  does  not  help  Cuffee,  who 
must  go  through  the  same  process ;  and  when  Sambo,  Cuffee, 


SOVEREIGNTY  OF  MAN.  l8l 

and  a  handful  of  others  have  secured  justice,  in  the  course  of 
many  years,  all  that  will  not  have  helped  the  mass  of  sufferers. 
Of  course,  if  these  consequences  flow  from  the  remnants  of 
antediluvian  "sovereignty"  left  to  the  States  by  our  Con 
stitution,  they  must  be  admitted.  But  the  fact  that  the  right 
of  a  State  to  repudiate  alien  claims  had  to  be  secured  by 
an  amendment,  necessitated  by  a  decision  against  such  right,  in 
dicates  that  the  spirit  of  the  Constitution  is  on  the  other  side. 
Except  in  the  particulars  altered — affecting  suability  by  an  alien, 
or  a  citizen  of  another  State — the  instrument  may  be  regarded 
as  harmonious  with  security  of  citizens  from  loss  of  life,  liberty, 
and  property  without  due  process  of  law,  and  with  the  obligation 
of  contracts.  As  suits  between  a  State  and  its  citizens  are  ex 
pressly  recognized  in  the  Judiciary  Act  (Sec.  13),  and  such  citi 
zens  are  not  included  among  those  disqualified  from  suing  by 
the  Xlth  Amendment,  we  may  forecast  with  some  confidence 
the  ultimate  judicial  decision.  It  is  obvious  that  the  sense  of 
the  Constitution  cannot  be  determined  by  the  absence  of  any 
specified  mode  of  execution  against  a  recalcitrant  State.  As 
the  Attorney  General  argued  in  Chisholm  v.  Georgia,  a  similar 
absence  does  not  affect  the  unquestioned  right  of  one  State  to 
sue  another.  That  argument  has  never  been  answered.  His 
further  argument  on  the  possible  potency  of  a  judgment  even 
without  execution  is  proved  by  the  success  of  such  unexecuted 
judgments  in  Virginia  to-day.  The  first  Attorney  General  of  the 
nation  was,  indeed,  too  confiding  in  his  trust  that  character  and 
fidelity  to  compact  would  prevent  States  from  refusing  to  con 
form  to  solemn  decrees  of  the  Supreme  Court;  but  the  "love 
of  peace,"  on  which  his  hope  also  rested,  has  become  a  stronger 
motive  to  our  States  than  when  he  spoke ;  and  the  need  of  credit 
and  equality  would  forbid  any  State  to  rest  under  the  criminal 
sentence  of  all  the  other  States  uttered  through  their  common 
tribunal.  In  America  State  sovereignty  must  surrender  to 
Man  sovereignty. 


CHAPTER  XIX. 

HENFIELD'S  CASE. 

A  BRIEF  chapter,  preliminary  in  a  sense  to  that  which  fol 
lows,  may  be  given  here  with  regard  to  a  case  of  critical  import 
ance  which  arose  during  the  Genet  troubles. 

One  need  only  read  the  numerous  letters  written  by  Jefferson 
in  those  days  to  discover  that  the  perilous  proceedings  of  Genet 
absorbed  his  attention.  That  it  was  impossible  at  the  moment 
to  determine  whether  enthusiasm  for  the  new  French  minister, 
representing  a  new-born  republic,  might  not  outweigh  an  ad 
ministration  haggling  with  the  gallant  ally  of  America  in  her 
revolution,  was  sufficient  cause  for  putting  off  on  Randolph  a 
proclamation  which  might  not  prove  popular.  Things  involving 
risk  were  generally  confided  to  Randolph  ;  it  was  a  Cabinet 
custom.  Randolph  was  the  only  man  that  did  not  want  to  be 
President. 

In  pursuance  of  the  Proclamation  of  22  April  1793, — quickly 
followed  by  the  vigorous  circular  from  Hamilton  warning  all 
against  infractions  of  "  our  neutrality," — two  Americans,  Gid 
eon  Henfield  and  John  Singleterry,  were  arrested  on  a  French 
privateer  in  American  waters,  and  imprisoned.  Randolph's 
opinion,  being  required,  was  given  to  the  effect  that  the  offence 
charged  was  punishable.  On  June  I,  Genet,  his  blushing  honors 
thick  about  him  in  Philadelphia,  indignantly  demanded  the  re 
lease  of  the  prisoners.  Henfield  alone  was  held  for  trial,  and 
the  case  came  before  a  jury  in  Pennsylvania,  where,  though  Hen- 

182 


HENFIELD'S  OFFENCE.  183 

field  had  enlisted  at  Charleston,  S.  C.,  the  offence  was  technically 
committed.  The  trial  caused  popular  excitement,  and  the  jury 
acquitted  Henfield,  who  pleaded  that  he  was  ignorant  of  the 
illegality  of  his  conduct,  and  who  had  served  the  country  honor 
ably  in  the  Revolution.  The  triumph  made  Genet  and  the 
French  party  bolder  than  ever,  and  it  was  proclaimed  that  no 
law  existed  under  which  an  American  could  be  punished  for 
rendering  such  assistance  to  France  as  Lafayette  and  his  men 
had  rendered  to  America.  The  United  States  had  treaties  with 
three  of  the  nations  opposing  France,  and  of  these  one,  Great 
Britain,  was  in  rather  a  formidable  mood.  The  administration 
being  in  a  dilemma  between  the  necessity  of  repressing  Genet's 
enlistments  and  the  importance  of  not  offending  Genet's  sym 
pathizers,  resolved  on  an  informal  manifesto ;  and  Randolph  (as 
usual !)  was  put  forward  to  make  a  statement  through  the 
press,  which,  of  course,  any  individual  in  the  Cabinet  might  dis 
claim  at  convenience.  The  following,  therefore,  appeared  in 
the  Federal  Gazette  : 

"  It  must  not  be  supposed  that  because,  on  the  indictment  against 
Gideon  Henfield,  there  was  a  verdict  of  acquittal,  it  is  therefore  lawful 
for  any  citizen  of  the  United  States  to  enter  on  board  French  Privateers, 
and  commit  hostilities  against  the  subjects  of  Great  Britain.  On  the 
contrary,  the  Court,  with  whom  the  law  rests,  most  explicitly  and  unani 
mously  declared  that  such  conduct  is  in  violation  of  our  treaty  with 
his  Britannic  majesty,  and  that  the  treaty  is  not  only  a  law,  the  breach 
of  which  is  criminal  and  punishable,  but  by  the  constitution,  it  is  the 
Supreme  law  of  the  land,  more  solemn,  more  obligatory,  than  an  act  of 
Congress  itself.  The  jury  have  acquitted  Gideon  Henfield — but  as  the 
law  is  so  undeniably  clear  and  explicit,  it  may  be  presumed,  it  must  be 
presumed,  that  it  was  owing  to  some  deficiency  in  point  of  fact,  or 
some  equitable  circumstances  attending  this  case,  which  are  the  points 
of  consideration  for  the  jury.  I  do  not  mean  to  argue  the  case  over 
again.  To  me  it  is  clear,  a  conviction  should  have  taken  place,  al 
though  I  would  most  heartily  have  wished  a  remission  of  the  punish 
ment.  I  mean  merely  to  let  it  be  understood  that  this  verdict  does  not 
by  any  means  amount  to  a  decision  that  it  is  not  unlawful  to  enlist  on 
board  French  privateers." 


1 84  EDMUND  RANDOLPH. 

The  embarrassment  caused  by  Genet's  claim,  that  no  law  of 
the  United  States  existed  to  restrain  its  citizens  from  warring 
against  the  enemies  of  France,  lay  largely  in  the  amount  of  truth 
it  contained.  By  reference  to  the  review  by  Justice  Matthews  of 
Randolph's  Report  to  the  House  of  Representatives,  it  will  be 
seen  that  he  had  recommended  the  provision  by  Congress  of  a 
Federal  code  of  law.  The  need  of  such  a  code  was  notably  shown 
in  the  trouble  with  Genet.  For  want  of  it  the  Attorney  Gen 
eral's  pronunciamento  in  the  Federal  Gazette  was  easily  seen  by 
the  astute  Frenchman  to  be  brutu m  fulmen.  Henfield's  offence 
was  created  by  a  treaty,  and  no  penalty  had  been  attached  to  it 
by  Congress  or  court.  The  general  provision  of  the  Judiciary 
Act  authorizing  the  United  States  Courts  to  make  use  of  all  com 
mon  law  writs  necessary  to  the  exercise  of  their  jurisdiction,  left 
it  still  a  subtle  question  what  could  be  the  penalty  affixed  to 
conduct  not  provided  for  under  the  treaty  which  alone  made 
into  an  offence  what,  but  for  the  treaty,  had  been  applauded. 

Under  these  difficulties  the  Attorney  General  could  only  rest 
his  case  on  the  general  principle  of  law,  that  jurisdiction  carries 
with  it  a  right  to  affix  penalties  necessary  to  give  effect  to  the 
law  of  the  land.  Leaving  in  doubt,  as  the  Constitution  left  in 
doubt,  the  question  of  execution,  whether  State  or  Federal,  he 
contended  that  the  law  against  misdemeanor,  of  the  State  where 
the  offence  was  committed,  should  apply.  Several  years  later, 
when  the  doctrine  which  so  outraged  Jefferson  was  defended, 
that  Federal  courts  possessed  the  right  to  enforce  the  whole 
common  law,  it  was  claimed  that,  in  the  Henfield  case,  Randolph 
had  maintained  that  doctrine.  In  reply  to  some  questions  by 
Madison  (1799),  Randolph  returned  the  following  interesting 
recollections  of  the  case  : 

"  I.  On  such  a  question  the  opinion  of  no  individual  is  of 
weight. 

"  2.    On  no  occasion  would  it  be  quoted  by  those  who  will 


TREA  T  Y  SA  NC  TIONS.  1 8  5 

quote  it  but  to  show,  that  at  a  moment  when  party  had  not  taken 
deep  root,  and  consequences  to  one  or  the  other  side  were  not 
foreseen,  the  opinion  was  sincere. 

"3.  Genet  demanded  Henfield's  liberation.  It  was  enough 
to  say  to  a  foreign  minister,  that  the  laws  (no  matter  whether 
State  or  federal)  justified  his  trial. 

"  4.  It  is  probable,  therefore  that  the  general  question,  now 
under  discussion,  never  came  into  my  consideration,  being  un 
necessary.  I  think,  that  it  was  certain  ;  but  at  this  distance  of 
time  I  can  rely  on  no  recollection  of  what  passed  in  my  mind, 
and  must  stand  upon  what  the  words  import. 

"  5.  This  must  have  been  the  idea,  if  I  meant  to  say  that  he 
was  triable  at  common  law  in  the  federal  court  ;  that  the  treaties, 
by  stipulating  for  peace  with  the  U.  S.,  in  substance  prohibited 
the  citizens  of  the  U.  S.  from  engaging  in  a  war  against  the 
nations  with  whom  the  treaties  subsisted  :  that  treaties  being  the 
supreme  law,  and  the  judicial  act  (p.  74)  having  provided  that 
the  laws  of  the  States  should  be  the  rule  of  decision,  that  they 
should  apply :  the  laws  of  Pennsylvania,  within  whose  bound 
aries  the  offence  was  committed,  comprehending  the  common 
law,  would  aid  the  treaty,  which  had  specified  no  penalty  for 
Henfield's  crime,  by  one  of  its  general  principles,  namely,  that 
when  a  statute  forbids  a  thing  to  be  done,  without  annexing  a 
penalty,  the  common  law  makes  it  indictable  and  punishable,  as 
a  misdemeanor.  This,  I  believe,  was  the  doctrine  which  I  urged 
at  the  trial. 

"  6.  This  opinion  does  not  bring  up  the  common  law  as  the 
law  of  the  U.  S. ;  because  the  treaty  created  the  offence,  which  it 
might  do  in  regard  to  the  intercourse  with  foreign  nations ;  and 
the  common  law  only  annexed  the  mode  of  prosecution  and  pen 
alty  ;  whereas  the  common  law,  as  the  law  of  the  U.  S.,  would 
create  offences. 

"  7.    Suppose  the  judicial  act  to  be  unconstitutional  in  adopting 


1 86  EDMUND  RANDOLPH. 

the  common  law  penalty,  and  annexing  it  to  the  offence  by  treaty. 
Could  the  Attorney  General  advise  the  President  to  pronounce 
that  law  unconstitutional,  when  a  foreign  nation  was  the  litigant 
party?  When  Henfield  himself  was  in  the  ordinary  channel  of 
having  the  question  of  unconstitutionality  decided  by  the 
judiciary  ? 

"  8.  Whether  an  offence  against  the  U.  S.  be  cognizable  in  a 
State  court,  I  know  not ;  much  may  be  said  on  the  subject. 

"9.  But  after  all,  the  opinion  imputed,  even  if  it  were  fixed  in- 
the  Attorney  General  (which  it  cannot  be),  was  abominably  wrong. 

"  Preserve  these  hasty  notes." 

The  sincerity  of  Randolph,  and  of  the  Supreme  Court,  which 
nearly  always  confirmed  his  opinion,  did  not  satisfy  a  Cabi 
net  of  partisans.  As  a  Cabinet  had  been  created  where  the 
Constitution  provided  none,  one  of  its  members  now  wished 
to  make  the  Supreme  Court  into  an  occasional  appendix  to  that 
council.  By  a  solemn  call  from  Jefferson  the  Justices  were  con 
vened  and  asked  whether  they  might  with  propriety  be  consulted 
from  time  to  time  on  legal  questions,  connected  with  the  law  of 
nations,  stated  in  an  abstract  way.  The  Judges,  of  course,  declined 
to  fall  in  with  any  such  unconstitutional  arrangement.  Jefferson 
then  thought  of  asking  Congress  to  appoint  a  Board  of  Advice 
for  the  Executive  on  such  questions,  and  asked  Randolph  to* 
prepare  a  bill.  Randolph  answered  that  such  a  Board  could  only 
be  connected  with  his  own  office,  and  as  that  was  just  what  Jeffer 
son  wanted  to  escape,  the  subject  was  dropped.  But  from  that 
moment  Randolph  was  a  doomed  man,  even  in  the  house  of  his. 
friends. 

1   MS.  McGuire  Collection. 


CHAPTER  XX. 

RANDOLPH  AND  JEFFERSON. 

THE  Secretary  of  State  and  the  Attorney  General,  in  Washing 
ton's  first  administration,  were  not  only  relatives  by  blood  but  by 
intertwined  personal  histories.  Jefferson,  ten  years  older  than 
Randolph,  had  been,  as  we  have  seen  in  an  early  chapter,  the  in 
timate  friend  of  Edmund's  father.  In  a  letter  (MS.)  Jefferson 
refers  to  his  "long  habits  of  intimacy  with  this  family."  Edmund 
was  a  sort  of  trust  to  Jefferson.  Their  friendship  was  strengthened 
by  political  sympathies.  Together  they  struggled  for  religious 
freedom,  and  every  high  principle  of  the  Revolution.  When  Jef 
ferson,  charged  with  cowardice,  while  Governor,  for  retreating 
before  Arnold,  was  superseded  by  Nelson,  and  in  some  disgrace  at 
Monticello,  Randolph  sprang  forward  as  his  champion.  By  re 
ferring  to  a  letter  written  by  him  from  Congress  to  Jefferson  (9 
Oct.  1781)  protesting  against  his  declared  purpose  of  sequester 
ing  himself  from  public  life,  following  one  urging  on  him  ac 
ceptance  of  a  mission  to  France,  the  reader  may  see  with  what 
loyalty  and  tenderness  Randolph  lifted  the  cloud  which  had  set 
tled  around  the  humiliated  statesman.  By  reference  to  subse 
quent  letters  it  will  be  seen  that  Jefferson  had  solicited  a  regular 
correspondence,  and  it  would  be  difficult  to  find  letters  more  deli 
cate  and  entertaining  than  those  of  Randolph.  Colle",  where 
Mazzei  brought  his  Italians,  in  the  neighborhood  of  Monticello, 
had  come  into  Randolph's  hands.  The  family  were  often  there, 
and  were  most  intimate  with  the  Jeffersons.  When  Jefferson's 
wife  died,  and  he  was  so  overwhelmed  that  he  could  not  see  one 

187 


1 88  EDMUND  RANDOLPH. 

of  his  children  without  swooning  away,  as  Randolph  states  in  a 
letter,  his  young  relative  was  devoted  in  friendship,  and  induced 
him  to  accept  the  mission  to  France.  Thus  Randolph  drew 
Jefferson  back  into  public  life.  When  Jefferson  went  to  France 
he  turned  over  his  law-business  to  Randolph.  While  he  was 
abroad  their  correspondence  was  constant  and  cordial.  In  the  two 
years  of  his  governorship  Randolph  kept  the  name  of  Jefferson, 
in  his  absence,  before  the  State.  He  is  complimented  on  all  pos 
sible  occasions.  When  Jefferson  was  to  return  Randolph  got  up 
and  headed  a  deputation  of  the  Virginia  House  of  Delegates  to 
welcome  him  back.  This  love  and  loyalty  to  Jefferson  was  con 
tinued  in  the  Cabinet,  nor  did  it  ever  cease.  In  1791,  when  Paine's 
" Rights  of  Man"  appeared  with  Jefferson's  "private"  note  for 
preface,  and  Jefferson  was  trying  to  make  his  peace  with  the  Vice- 
President  through  the  President,  Randolph  was  enthusiastic  for 
the  "  new  departure,"  as  it  might  now  be  called.  He  writes  to 
Madison,  21  July  1791  : 

"  I  need  not  relate  to  you,  that  since  the  standard  of  republicanism 
has  been  erected,  it  has  been  resorted  to  by  a  numerous  corps.  The 
newspapers  tell  you  how  much  the  crest  of  aristocracy  has  fallen ;  and 
I  should  rejoice  that  the  controversy  has  been  excited,  were  it  not  that 
under  the  character  of  Agricola  (?  Publicola),  he,  who  was  sufficiently 
depressed  before,  is  now  irredeemable  in  the  public  opinion  without 
being  the  real  author.1  Were  he  in  a  condition  to  do  harm,  I  should 
anxiously  strive  for  his  disgrace.  For  however  meritorious,  I  think 
him  towards  the  U.  S.  I  should  hold  it  necessary  to  sacrifice  any  man 
who  could  propagate  his  doctrines  with  success.  But  he  is  impotent, 
and  something  is  due  to  past  services. 

"  Mr.  J[efferson]  and  myself  have  attempted  to  bring  [Thomas] 
Paine  forward  as  successor  to  Osgood  [Postmaster  General].  It  seems 
to  be  a  fair  opportunity  for  a  declaration  of  certain  sentiments.8  But 

1  The  letters  of  Publicola,  really  by  John  Quincy  Adams,  were  ascribed  to  his 
father.     As  the  best  known  "  Agricola  "  was  Jeffersonian,   Randolph's  reference  is 
probably  a  clerical  error. 

2  Paine's   religious  heresies    were    not    yet   published.      He    was     the    typical 
radical  republican.     In  a  letter  from   Randolph  to  Washington,  13  July  1791,  his 
name  is  first  in  a  list  of  six  persons  suggested  for  Postmaster  General.   (See  Jefferson 
to  Madison  10  and  21  July  1791.) 


LOYALTY  IN  FRIENDSHIP.  189 

all  that  I  have  heard  has  been  that  it  would  be  too  pointed  to  keep  a 
vacancy  unfilled  until  his  return  from  the  other  side  of  the  water.  The 
contest  seems  to  lie  between  Pickering,  Peters,  and  F.  A.  Muhlenberg, 
— who  most  probably  cannot  be  reflected." 

In  the  summer  of  1792,  when  Hamilton  opened  his  anony 
mous  batteries  on  Jefferson  for  appointing  and  maintaining  in 
office,  in  the  State  Department,  an  editor  (Freneau)  engaged  in 
assailing  the  government  to  which  he  (Jefferson)  belonged, — ac 
cusing  Madison  of  making  the  bargain, — Randolph  at  once  took 
up  the  gauntlet. 

"  Fenno's  paper  of  yesterday,"  he  writes  to  Madison  (12 
August)  "  has  made  a  virulent  assault  on  Mr.  Jefferson  ;  and  you 
are  involved  in  it,  as  having  been  connected  with  him  in  the  es 
tablishment  of  a  paper  for  party  views.  The  paper  itself  will 
reach  you  as  soon  as  this  letter.  I  have  been  greatly  embar 
rassed  on  this  occasion.  For  although  I  should  not  scruple, 
with  my  open  name,  to  vindicate  you  against  every  shaft  of  ma 
lignity  ;  yet  was  I  at  a  loss  which  line  you  might  wish  to  have 
pursued,  and  what  was  the  state  of  the  facts.  I  cannot,  how 
ever,  forbear  to  say  to  you  what  I  trust  is  unnecessary  on  my 
part,  that  no  consideration  upon  earth  shall  prevent  me  from 
being  useful  to  you,  where  you  concede  that  I  can  be  so." 

His  vigorous  replies  appeared  in  Fenno's  Gazette,  and  he  is 
duly  thanked  by  both  gentlemen,  who  were  absent  from  Phila 
delphia  at  the  time, — by  Madison  on  September  13,  and  by  Jef 
ferson  on  September  17. 

There  was  thus  no  failure  of  friendship  or  loyalty  on  Ran 
dolph's  part,  nor  is  there  any  indication  in  his  letters  that  he  was 
conscious  of  any  change  in  Jefferson's  feelings  towards  him. 
Posthumous  publications,  however,  prove  in  a  painful  way  that 
from  the  third  year  after  their  entrance  into  the  Cabinet,  Jeffer 
son  wrote  confidential  letters  to  the  most  influential  statesmen 
calculated  to  undermine  their  confidence  in  Randolph.  If,  in 
deed,  he  had  forfeited  Jefferson's  confidence  by  his  course  in  the 


190  EDMUND  RANDOLPH. 

Cabinet,  and  been  frankly  shown  it,  the  victim  of  these  secret 
missives  might  have  been  on  his  guard  ;  or  if  the  missives  had 
been  based  on  verifiable  facts,  instead  of  on  insinuations  com 
bined  with  misrepresentations,  those  who  received  them  might 
have  been  on  their  guard.  But  the  facts,  the  representations, 
and  the  insinuations,  must  now  be  brought  together  for  judgment 
before  the  tribunal  of  historic  truth. 

It  has  amply  appeared  in  the  foregoing  pages  that  Randolph 
and  Madison  had  been  comrades  from  their  youth.  Their  cor 
respondence  extends  over  thirty-seven  years,  during  which  time 
they  never  parted  but  on  two  issues, — one,  the  glebe  compacts 
in  Virginia,  whose  annulment  Randolph  believed  illegal,  his 
opinion  being  finally  confirmed  by  the  United  States  Supreme 
Court ;  the  other,  the  signing  of  the  Constitution,  which  Ran 
dolph  refused  for  the  sake  of  amendments  with  which  Madison 
equally  sympathized.  During  their  life-long  intimacy  and  co 
operation  Madison  never  wrote  any  word  implying  a  doubt  of 
Randolph's  firmness  and  devotion  to  principle.  By  his  urgency 
Randolph  had  entered  the  Continental  Congress,  and  at  a  later 
period  overcome  his  reluctance  to  enter  the  Cabinet.  It  was  to 
this  mutual  friend  that  Jefferson,  with  cautious  provision  for  se 
crecy,  addressed  his  most  injurious  insinuations  On  the  II 
Aug.  1793  Jefferson  wrote  a  letter  which  his  friend  Judge  Tucker 
has  so  altered  and  veiled  that  it  can  hardly  be  identified,  while 
other  biographers  have  suppressed  it  altogether. 

"  I  can  by  this  confidential  conveyance  speak  more  freely  of 
R[andolph].  He  is  the  poorest  cameleon  I  ever  saw,  having  no  color 
of  his  own,  and  reflecting  that  nearest  him.  When  he  is  with  me  he 
is  a  whig,  when  with  H[amilton]  he  is  a  tory,  when  with  the  P[resi- 
dent]  he  is  what  he  thinks  will  please  him.  The  last  is  his  strongest 
hue,  though  the  2dl  tinges  him  very  strongly.  The  first  is  what  I 

1  Here  a  side  note  by  Jefferson  :  "  When  he  is  with  people  whom  he  thinks  he 
can  guide,  he  says,  without  reserve,  that  the  party  in  opposition  to  the  fiscal  system 
are  anti-federal,  and  endeavoring  to  overturn  the  Constitution."  (This  was  actually 


INTERESTED  FRIENDSHIP.  19 1 

think  he  would  prefer  in  his  heart  if  he  were  in  the  woods  where  he 
could  see  nobody,  or  in  a  society  of  all  whig.  You  will  remark  an  ex 
pression  in  the  enclosed  paper  with  respect  to  him.  It  has  in  some 
degree  lessened  my  apprehensions  of  the  estimation  in  which  the  Pr. 
held  him  :  still  it  is  not  the  less  true  that  his  opinion  always  makes  the 
majority,  and  that  the  President  acquiesces  always  in  the  majority  ; 
consequently  that  the  government  is  now  solely  directed  by  him.  As 
he  is  not  yet  openly  thrown  off  by  the  Whig  party,  it  gives  to  the  pub 
lic  a  false  security  that  fair  play  is  given  to  the  whiggism  of  the 
Pr[esident]  by  an  equal  division  of  whig  and  tory  among  his  counsel 
lors.  I  have  kept  on  terms  of  strict  friendship  with  him  hitherto,  that 
I  might  have  some  good  oat  of  him,  and  because  he  has  really  some 
good  private  qualities  ;  but  he  is  in  a  station  infinitely  too  important 
for  his  understanding,  his  firmness,  or  his  circumstances.  I  men 
tioned  to  you  that  we  had  convened  the  judges  to  consult  them  on 
the  questions  which  have  arisen  on  the  law  of  nations.  They  declined 
being  consulted.  In  England,  you  know,  such  questions  are  referred 
regularly  to  the  Judge  of  Admiralty.  I  asked  E.  R.  if  we  could  not 
prepare  a  bill  for  Congress  to  appoint  a  board  or  some  other  body  of 
advice  for  the  Executive  on  such  questions.  He  said  he  should  pro 
pose  to  annex  it  to  his  office.  In  plain  language,  this  would  be  to 
make  him  the  sole  arbiter  of  the  line  of  conduct  for  the  U.  S.  towards 
foreign  nations." 

Having  myself  been  brought  up  a  devout  Jeffersonian,  I  for  a 
time  found  some  mitigation  of  the  injustice  of  the  above  letter 
in  its  solecism — of  describing  as  the  "  poorest  cameleon  "  one  we 
are  to  consider  a  perfect  chameleon.  This,  and  other  literary 
lapses,  made  me  hope  that  the  soreness  of  a  moment  might  have 
uttered  what  reflection  would  have  revoked.  But  this  theory 
disappeared  before  further  facts,  showing  the  letter  to  be  part  of 
a  systematic  determination  to  poison  the  minds  of  Randolph's 
friends  against  him,  while  keeping  "  on  strict  terms  of  friendship 
with  him  that  [he]  might  have  some  good  out  of  him."  It  will 

written  after  Jefferson  had  conspired  with  Hamilton,  at  his  (Jefferson's)  own  dinner 
table,  to  corrupt  Congress  and  secure  the  Treasurer's  scheme  of  assumption  of  State 
debts,  in  exchange  for  the  location  of  the  Federal  city  on  the  Potomac  !  Also,  when 
this  was  written  to  Madison,  it  was  already  recorded  by  Jefferson  that  Randolph  was 
the  first  to  declare  Hamilton's  Bank  scheme  unconstitutional  !) 


I92  EDMUND  RANDOLPH. 

be  observed  that  no  fact  is  mentioned  to  support  the  charge  that 
Randolph  in  the  Cabinet  was  a  chameleon.  It  is  a  tissue  of 
insinuations  that  he  is  vacillating  ;  that  he  is  incompetent ;  that 
he  is  too  poor  for  his  position.  The  only  fact  mentioned  in  the 
letter  at  all  is  one  which,  but  for  the  insinuations,  would  appear 
creditable  at  once  to  Randolph's  competency  as  Attorney  General, 
and  his  courage  in  opposing  the  absurd  variant  of  a  scheme  which 
the  Justices  snubbed.  Jefferson's  proposal  that  Congress  should 
create  a  new  judiciary,  without  foundation  in  the  Constitution, 
could  only  have  astounded  a  strict  constitutionalist  like  the 
Attorney  General.  It  could  only  have  been  as  a  body  of  con 
sulting  practitioners  called  in  to  aid  the  constitutional  law-officer, 
as  Randolph  suggested,  that  the  proposal  could  have  even  been 
entertained.  That  Jefferson  realized  the  immensity  of  the  power 
he  wished  to  establish  is  shown  by  his  remark  that,  if  attached 
to  the  Attorney  General's  office  it  would  have  "  made  him  the 
sole  arbiter  of  the  line  of  conduct  for  the  United  States  towards 
foreign  nations !  " 

Although  the  "  chameleon  "  insinuations  are  not  connected 
with  any  facts  in  the  letter  of  August  n,  they  were  sufficiently 
pointed  by  a  previous  letter  of  2  June  1793  to  Madison,  through 
whom  the  Secretary  of  State  had  endeavored  to  poison  the  mind 
of  another  statesman — Hon.  Wilson  Cary  Nicholas — against  the 
Attorney  General,  his  own  brother-in-law. 

"  E.  R.,"  says  Jefferson,  "  sets  out  the  day  after  to-morrow  for 
Virginia.  I  have  no  doubt  he  is  charged  to  bring  back  a  faithful 
statement  of  the  dispositions  of  that  State.  I  wish,  therefore, 
that  he  may  fall  into  hands  which  will  not  deceive  him.  Have 
you  the  time  and  the  means  of  impressing  Wilson  Nicholas  (who 
will  be  much  with  E.  R.)  with  the  necessity  of  giving  him  a  strong 
and  perfect  understanding  of  the  public  mind  ?  Considering  that 
this  journey  may  strengthen  his  nerves,  and  dispose  him  more 
favorably  to  the  proposition  of  a  treaty  between  the  Republics 


COUNTS  IN  AN  INDICTMENT.  1 93 

[z.  ^.,  France  and  the  United  States] ;  knowing  that  in  this  mo 
ment  the  division  on  that  question  is  four  to  one,  and  that  the 
last  news  has  no  tendency  to  proselytize  any  of  the  majority,  I 
have  myself  proposed  to  defer  taking  up  the  question  till  his 
return." 

(Can  it  be  believed  that,  when  this  was  written,  the  proposal  for 
a  French  treaty  had  been  killed  by  Jefferson  himself,  because  it 
came  from  Hamilton,  and  that  he  never  proposed  one  at  all? 
Such  will  presently  be  proved  the  fact  on  his  own  testimony.) 

Letters  in  a  similar  spirit  were  written  to  Monroe  and  to 
Giles,  certainly,  and  to  how  many  others  who  held  the  keys  of 
Virginia  politics,  is  not  yet  known.  When  Randolph  was  stricken 
down  in  the  Cabinet,  these  were  the  men  who  could  have  set  him 
on  his  feet  again.  Jefferson  had  provided  against  that ;  and  to 
consummate  his  secret  services  wrote- (31  Dec.  1795)  to  Senator 
Giles — leader  of  the  Republican  party — a  confidential  review  of 
the  fallen  Secretary's  "  Vindication." 

"  Though  he  [Randolph]  mistakes  his  own  political  character,  in  the 
aggregate,  yet  he  gives  it  to  you  in  the  detail.  Thus  he  supposes  him 
self  a  man  of  no  party  (p.  57)  ;  that  his  opinions,  not  containing  any 
systematic  adherence  to  party,  fell  sometimes  on  one  side  and  some 
times  on  the  other  (p.  58).  Yet  he  gives  you  these  facts  which  show 
that  he  falls  generally  on  both  sides,  and  are  complete  inconsistencies. 

"  i.  He  never  gave  an  opinion  in  the  Cabinet  against  the  rights  of 
the  people  (p.  97),  yet  he  advised  the  denunciation  of  the  popular  soci 
eties  (p.  67) 

"  2.  He  would  not  neglect  the  overtures  of  a  commercial  treaty  with 
France  (p.  75),  yet  he  always  opposed  it  while  Attorney  General,  and 
never  seems  to  have  proposed  it  while  Secretary  of  State. 

"  3.  He  concurs  in  resorting  to  the  militia  to  quell  the  pretended 
insurrection  in  the  West  (p.  81),  and  proposes  an  augmentation  from 
12,500  to  15,000  to  march  against  men  at  their  ploughs  (p.  80)  ;  yet  on 
the  5th  of  August  he  is  against  their  marching  (pp.  83,  101),  and  on 
the  25th  of  August  he  is  for  it  (p.  84). 

"  4.  He  concurs  in  the  measure  of  a  mission  extraordinary  to  Lon 
don  (as  is  inferred  from  p.  58),  but  objects  to  the  men,  to  wit,  Hamil 
ton  and  Jay  (p.  58). 


194  EDMUND  RANDOLPH. 

"  5.  He  was  against  granting  commercial  powers  to  Mr.  Jay  (p. 
58)  ;  yet  he  besieged  the  doors  of  the  Senate  to  procure  their  advice  to 
ratify. 

"  6.  He  advises  the  President  to  a  ratification  on  the  merits  of  the 
Treaty  (p.  97),  but  to  a  suspension  till  the  Provision  Order  is  repealed. 

"  The  fact  is  that  he  has  generally  given  his  principles  to  the  one 
party  and  his  practise  to  the  other,  the  oyster  to  one,  the  shell  to  the 
other.  Unfortunately  the  shell  was  generally  the  lot  of  his  friends,  the 
French  and  republicans,  and  the  oyster  to  their  antagonists.  Had  he 
been  firm  to  the  principles  he  professed  in  the  year  '93,  the  President 
would  have  been  kept  from  an  habitual  concert  with  the  British  and 
anti-republican  party.  But  at  that  time  I  do  not  know  which  Ran 
dolph  feared  most,  a  British  fleet  or  French  disorganizers.  Whether 
his  conduct  is  to  be  ascribed  to  a  superior  view  of  things,  and  adher 
ence  to  right  without  regard  to  party,  as  he  pretends,  or  to  anxiety  to 
trim  between  both,  those  who  know  his  character  and  capacity  will  de 
cide.  Were  parties  here  divided  merely  by  greediness  for  office,  as  in 
England,  to  take  a  part  with  either  would  be  unworthy  of  a  reasonable 
or  moral  man.  But  where  the  principle  of  difference  is  as  substantial, 
and  as  strongly  pronounced,  as  between  the  Republicans  and  the  Mon- 
ocrats  of  our  country,  I  hold  it  to  be  as  honorable  to  take  a  firm  and 
decided  part,  and  as  immoral  to  pursue  a  middle  line,  as  between  the 
parties  of  honest  men  and  rogues  into  which  every  country  is  divided.'* 

Here  may  be  remarked  consecutive  contrasts  between  the 
assertions,  as  numbered  by  Jefferson,  and  the  facts. 

I.  Randolph  never  gave  an  opinion  against  the  rights  of  the 
people.  He  not  only  affirmed  the  legality  of  the  Popular  Socie 
ties,  but  discouraged  moral  condemnation  of  them  until  after 
their  agency  in  the  riots  was  notorious.  I  may  here  insert  an  in 
teresting  letter  of  Randolph's  (to  Washington)  of  which,  indeed 
Jefferson  could  have  known  nothing,  as  it  has  never  been  pub 
lished  ;  but  the  contents  of  which  represent  a  position  taken  by 
the  writer  so  well  known  that  the  inexactness  of  confusing  it  with 
opposition  to  the  rights  of  the  people  is  hardly  pardonable.  The 
letter  was  written  at  Philadelphia,  11  Oct.  1794,  the  President 
being  at  Mount  Vernon  : 

"  He  [Mr.  Izard]  mentioned  to  me  that  a  society  under  the  demo- 


JEFFERSON  AGAINST  JEFFERSON.  1 95 

•cratic  garb  has  arisen  in  South  Carolina  with  the  name  of  Madisonian. 
It  is  a  great  grief  to  me,  because  it  must  place  Madison  under  embar 
rassment  either  to  seem  to  approve  by  silence  what  I  am  confident  he 
must  abhor,  or  to  affront  those  who  intended  to  evince  their  respect  for 
him.  I  hope  that  he  will  not  hesitate  to  adopt  the  latter  expedient ;  for 
I  shall  with  the  freedom  of  friendship  bring  before  him  the  general  state 
of  my  mind  concerning  it.  As  I  remarked  to  you  in  conversation,  I 
never  did  see  an  opportunity  of  destroying  these  self-constituted  bodies 
until  the  fruit  of  their  operations  was  declared  in  the  insurrection  at 
Pittsburg.  Indeed  I  was,  and  still  am,  persuaded  that  the  language 
which  was  understood  to  be  held  by  the  officers  of  government  in  op 
position  to  them  contributed  to  foster  them.  They  may  now  I  believe 
be  crushed.  The  prospect  ought  not  to  be  lost." 

2.  The  astounding  character  of  this  statement,  concerning 
Randolph's  course  on  the  French  treaty-negotiations,  may  be 
gathered  from  Jefferson's  narrative,  and  the  State  Archives. 

The  following  is  from  Jefferson's  "  Anas  "  : 

"  1791. — Towards  the  latter  end  of  November,  Hamilton  had  drawn 
Ternant  into  a  conversation  on  the  subject  of  the  Treaty  of  Commerce 
recommended  by  the  National  Assembly  of  France  to  be  negotiated 
with  us,  and,  as  he  had  no  ready  instructions  on  the  subject,  he  led  him 
into  a  proposal  that  Ternant  should  take  the  thing  up  as  a  volunteer 
with  me,  that  we  should  arrange  conditions,  and  let  them  go  for  con 
firmation  or  refusal.  Hamilton  communicated  this  to  the  President, 
who  came  into  it,  and  proposed  it  to  me.  I  disapproved  of  it,  observ 
ing  that  such  a  volunteer  project  would  be  binding  on  us,  and  not 
them  ;  that  it  would  enable  them  to  find  out  how  far  we  would  go,  and 
avail  themselves  of  it.  However,  the  President  thought  it  worth  trying, 
and  I  acquiesced.  I  prepared  a  plan  of  treaty  for  exchanging  the 
privileges  of  native  subjects,  and  fixing  all  duties  forever  as  they  now 
stood.  Hamilton  did  not  like  this  way  of  fixing  the  duties,  because,  he 
said,  many  articles  here  would  have  to  be  raised,  and,  therefore,  he 
would  prepare  a  tariff.  He  did  so,  raising  duties  for  the  French  from 
twenty-five  to  fifty  per  cent.  So  they  were  to  give  us  the  privileges  of 
native  subjects,  and  we,  as  a  compensation,  were  to  make  them  pay 
higher  duties.  Hamilton,  having  made  his  arrangements  with 
Ternant  to  pretend  that  though  he  had  no  powers  to  conclude  a  treaty 
of  commerce,  yet  his  general  commission  authorized  him  to  enter  into 


196  EDMUND  RANDOLPH. 

the  discussion  of  one,  then  proposed  to  the  President,  at  one  of  our 
meetings,  that  the  business  should  be  taken  up  with  Hammond  in  the 
same  informal  way.  I  now  discovered  the  trap  which  he  had  laid,  by 
first  getting  the  President  into  that  step  with  Ternant.  I  opposed  the 
thing  warmly.  Hamilton  observed,  if  we  did  it  with  Ternant  we  should 
also  with  Hammond.  The  President  thought  this  reasonable.  I  de 
sired  him  to  recollect  I  had  been  against  it  with  Ternant,  and  only 
acquiesced  under  his  opinion.  So  the  matter  went  off  as  to  both." 

The  matter  was  not  taken  up  again.  Even  Jefferson  had  be 
come  disgusted  with  Genet,  and  too  bewildered  by  French  poli 
tics  to  venture  on  any  negotiations  with  such  shifting  sands.  His 
own  feeling,  as  well  as  that  of  the  whole  government,  was  repre 
sented  in  his  Report,  as  Secretary  of  State,  to  the  House,  16  De 
cember  1793  :  "  France  has,  of  her  own  accord,  proposed  negotia 
tions  for  improving  by  a  new  treaty,  on  fair  and  equal  principles, 
the  commercial  relations  of  the  two  countries.  But  her  internal 
disturbances  have  hitherto  prevented  the  prosecution  of  them  to 
effect,  though  we  have  had  repeated  assurances  of  a  continuance 
of  the  disposition." 

From  these  facts  it  appears  that  the  only  time  in  which  a  new 
French  treaty  came  squarely  before  the  Cabinet,  it  was  defeated 
by  Jefferson,  through  fear  that  Hamilton  would  initiate  the  like 
with  England. 

Randolph  never  voted  against  a  French  treaty.  Genet's  suc 
cessor,  Fauchet,  did  not  renew  the  subject,  and  does  not  seem  to 
have  been  authorized  to  do  so  ;  but  on  the  arrival  of  Adet,  Ran 
dolph  at  once  pressed — repeatedly — the  subject  of  a  commercial 
treaty  with  France  corresponding  to  that  which  had  been  arranged 
with  England.  Randolph's  urgent  endeavors  were  not  known  to 
Jefferson  on  his  pillow  of  blissful  ignorance  at  Monticello,  but 
they  fully  appeared  in  the  volume  of  papers  relating  to  France, 
published  by  order  of  the  House  in  1797  (p.  51  seg.).  Randolph's 
enemy  and  successor  (Pickering)  therein  proves  his  predecessor's 
"  eagerness  to  enter  on  the  negotiation  "  with  the  French  minis- 


THE  MONTICELLO  PILLOW.  197 

ter,  who,  on  account  of  the  British  treaty,  sullenly  declined. 
Jefferson  did  not  know  this,  but  he  might  have  known  it.  He 
was  in  correspondence  with  Randolph.  It  might  have  been  well 
enough  to  write  his  remonstrances  to  his  former  colleague  and 
relative  rather  than  pervert  his  known,  and  suspect  his  unknown, 
actions  in  confidential  letters  to  Madison  and  Giles.1 

3.  Jefferson's  phrase  "  pretended  insurrection,"  now  that  the 
history  of  the  Pittsburg  rebellion  is  known,  reminds  me  of  a  sen 
tence  in  his  letter  to  Randolph  after  retirement  to  Monticello  : 
"  I  think  it  is  Montaigne  who  has  said  that  ignorance  is  the  soft 
est  pillow  on  which  a  man  can  rest  his  head.  I  am  sure  it  is  true 
as  to  every  thing  political,  and  shall  endeavor  to  estrange  myself 
to  every  thing  of  that  character."  The  endeavor  seems  to  have 
been  successsful.  For  the  rest,  Randolph's  willingness  to  resort 
to  the  militia,  "  if  the  laws  were  inadequate  " — a  virtuous  "  if  " 
unnoticed  by  Jefferson, — followed  by  unwearied  efforts  on  his 
part  to  adjustment  without  military  menace, — needs  no  defence. 
It  is  perfectly  consistent  with  a  proposal  to  augment  the  force, 
"  hoping  that  the  unhappy  people  would  be  intimidated  by  so 
large  a  force."  That  the  15,000  were  meant  to  overawe  the  in 
surrectionists,  and  secure  a  surrender  without  bloodshed,  is  stated 
both  in  the  "  Vindication,"  which  Jefferson  was  reviewing,  and  in 
the  President's  speech,  written  by  Randolph.  The  ex-secretary's 
"ignorance  "  was  therefore  as  ingenious  as  it  was  blissful.  It  is, 
further,  perfectly  consistent  that  after  agreeing  to  the  raising  of 
the  militia  Randolph  should  oppose  their  marching  at  one  period 
and  favor  it  at  a  later.  The  reader  need  only  refer  to  Randolph's 
letter  to  the  President  (5  Aug.  1784),  contained  in  the  "  Vindica 
tion,"  to  suspect  that  Montaigne-pillow  at  Monticello  of  a  soft 
ness  unfavorable  to  candor.  A  more  humane  and  statesmanlike 
letter  is  not  to  be  found  in  the  annals  of  America. 

1  For  an  account  of  Randolph's  unremitting  efforts  to  bring  about  a  commercial 
treaty  with  France,  see,  in  addition  to  the  official  volume  of  1797  already  referred  to, 
Randolph's  letter  to  Monroe  at  Paris,  I  June  1795  (State  Papers,  Foreign  Relations, 
vol.  I.). 


198  EDMUND  RANDOLPH. 

4.  Where  is   the   inconsistency   in   advising   a   mission   and 
opposing  certain  appointments  to  it? 

5.  It  is  one  thing  to  oppose  granting  certain  powers  to  an 
agent ;  quite  another,  when  overruled  in  that,  to  oppose  all  that 
agent's  work. 

6.  Even  put  in  this  misleading  way  there  is  no  inconsistency. 
In  fact,  Randolph  desired  ratification  of  the  treaty  with  excep 
tion  of  an  important  clause ;   but  he  gallantly  and  successfully 
resisted  the  entire  Cabinet  for  forty-seven  days  after  it  came  to 
them  from  the  Senate  in  their  demand  for  the  President's  uncon 
ditional     signature, — the     outrageous    Provision    Order    having 
become  known  after  the  Senate's  action.     The  base  surrender  of 
American  ships  to  British  seizure  was  secured  only  by  the  politi 
cal  assassination  of  Randolph,  who  had  been  left  by  this  Censor 
"  of  the  soft  pillow  "  to  battle  alone. 

So  much  for  the  precise  counts  of  "  complete  inconsistencies." 
Let  us  now  consider  the  general  charges  that  Randolph  has  gen 
erally  given  his  principles  to  the  one  party  and  his  practice  to 
the  other,  and  that  "  he  falls  generally  on  both  sides."  Setting 
aside  this  pretty  example  of  "  inconsistencies  "  (the  real  consist 
ency  being  in  laying  the  blame  of  all  his  failures  on  Randolph), 
let  us  examine  the  fact,  and  find  whether  the  Cabinet  scapegoat 
did  "  generally,"  or  at  all,  do  either  the  one  or  the  other  of  the 
two  incongruous  things  ascribed  to  him. 

During  the  time  when  Randolph  and  Jefferson  were  in  the 
administration  together,  from  the  foundation  of  the  government 
to  the  end  of  1/93,  the  important  party  divisions  in  the  Cabinet 
were  about  19  in  number. 

On  16  of  these  19  issues  Randolph  voted  with  Jefferson.  In 
one  or  two  cases  he  accepted  modifications,  comparatively  unim 
portant,  for  the  sake  of  the  main  point ;  but  on  every  important 
question  of  practical  action,  especially  in  foreign  affairs,  Ran 
dolph  voted  with  Jefferson. 


CABINET  CONTESTS.  199 

The  3  differences  of  Randolph  from  Jefferson  were;  I,  on 
the  proposition  to  convene  Congress  immediately,  in  the  early 
part  of  August  1793,  which  Jefferson  favored;  2,  on  the  pro 
priety  of  establishing  a  military  academy,  which  Randolph  fav 
ored  ;  and  3,  on  the  retention  of  four  words  in  the  Secretary  of 
State's  letter  to  the  American  Minister  at  Paris,  asking  for  the 
recall  of  Genet, — words  not  affecting  the  purpose  of  the  dispatch. 

Randolph  voted  with  Jefferson  against  (i)  Hamilton's  U.  S. 
Bank,  and  whole  fiscal  policy  (1791)  5(2)  against  the  new  apportion 
ment  of  Representatives  (1792)  ;  (3)  against  an  expression  approv 
ing  excise,  in  the  President's  proclamation  concerning  the  first 
resistance  to  it  (1792);  (4)  against  Hamilton's  scheme  for  an 
alliance  with  England  and  Spain  on  the  Mississippi  (1792)  ;  (5)  in 
favor  of  the  continued  validity  of  the  treaty  with  France  after 
the  change  of  government  (1793);  (6)  in  favor  of  the  recep 
tion  of  the  new  French  minister,  Genet,  without  qualification  or 
reservation  (1793) ;  (7)  in  favor  of  omitting  the  word  "  neutral 
ity  "  from  the  President's  Proclamation,  on  the  breaking  out  of 
war  between  England  and  France ;  (8)  in  opposition  to  Hamil 
ton's  proposal  that  revenue  officers  should  report  infractions  of 
neutrality  to  himself ;  (9)  against  restitution  to  England  of  a 
prize  taken  by  a  French  privateer  on  the  high  seas,  the  privateer 
having  been  fitted  out  in  an  American  port;  (10)  in  favor  of 
continuing  payments  to  France  of  debts  due  that  country;  (il) 
in  favor  of  purely  legal  dealings  with  infractions  of  the  impar 
tiality  proclaimed  between  the  European  belligerents;  (12) 
against  publishing  the  correspondence  with  Genet,  and  making 
it  the  basis  of  an  appeal  to  the  nation  ;  (13)  against  dismissing 
Genet,  without  awaiting  his  recall ;  (14)  on  the  expressions  to- 
be  used  in  the  President's  speech  in  explanation  of  the  procla 
mation  ;  (15)  against  Hamilton's  project  of  fortifications  ;  (16)  in 
favor  of  Jefferson's  manifestoes  to  England  and  France. 

On  these  sharply  contested  questions  the  Secretary  of  State 


2OO  EDMUND  RANDOLPH. 

and  Attorney  General  had  scored  fourteen  successive  victories  after 
their  first  defeat, — on  the  Bank. 

Nor  does  it  appear  that  in  these  conflicts  Randolph  was  a 
timid  or  passive  lieutenant,  Jefferson  of  the  "  Anas "  being 
witness  against  Jefferson  the  secret  letter  writer.  Jefferson's 
account  of  the  negative  of  the  Apportionment  Bill  is  that 
after  it  was  drawn  up  by  Randolph,  Madison,  and  himself, 
Randolph  took  it  to  the  President.  "  He  [Washington]  walked 
with  him  to  the  door,  and,  as  if  he  still  wished  to  get  off,  he  said  : 
'  And  you  say  you  approve  of  this  yourself  ? '  '  Yes,  sir,'  says 
Randolph,  '  I  do  upon  my  honor.'  He  sent  it  to  the  House  of 
Representatives  immediately."  When  the  first  proclamation 
concerning  the  excise  troubles  was  submitted  to  the  Cabinet, 
Jefferson  was  at  Monticello.  Randolph  objected  to  words  ap 
proving  the  excise  law.  When  the  proclamation  was  sent  to 
Monticello  to  be  countersigned,  it  was  returned  with  the  words 
to  which  Randolph  had  objected  underscored,  and  objected  to. 
On  the  question  of  publishing  the  Genet  correspondence  Jeffer 
son  says  that  he  "chose  to  leave  the  contest  between  them" 
(Hamilton  and  Randolph).  On  the  question  of  dismissing 
Genet,  Jefferson  was  similarly  reserved,  but,  he  says,  "  Randolph 
opposed  it  with  firmness  and  lengthily." 

Under  these  facts  it  becomes  difficult  to  comprehend  Jeffer 
son's  charges  that  Randolph  was  generally  on  both  sides,  and 
generally  gave  his  principles  to  one  party  and  his  practice  to  the 
other.  His  statement  can  hardly  be  accounted  for  by  Randolph's 
dissent  from  him  on  the  expediency  of  convening  Congress  three 
weeks  earlier  than  it  was  to  meet,  or  by  his  consenting  to  the 
Military  Academy.  The  other  point  of  difference  was  indeed  a 
smart  wound  to  Jefferson's  amour  propre,  which  he  might  easily 
confuse  with  a  political  principle.  Jefferson's  draft  of  the  letter 
asking  the  recall  of  Genet  was  unanimously  approved  with  the 
exception  of  the  concluding  phrase  of  the  following  sentence : 


LIBERTY  WARRING   ON  ITSELF,  2OI 

"  An  attempt  to  embroil  both,  to  add  still  another  nation  to  the 
enemies  of  his  country,  and  to  draw  on  both  a  reproach  which  it 
is  hoped  will  never  stain  the  history  of  either,  that  of  liberty 
warring  on  itself."  Hamilton  moved  to  strike  out  these  last 
words  ;  the  President  defended  the  phrase  ;  but  Randolph  (the 
trimmer ! )  opposed  the  President,  and  the  words  were  stricken 
out.  With  Robespierre  in  power,  and  on  the  morrow  of  a 
massacre,  Randolph  was  not  willing  to  identify  American  with 
French  liberty.  He  could  not  see  with  Anacharsis  Clootz  that 
the  democratic  principle  would  be  cheaply  purchased  by  the  de 
struction  of  the  whole  human  race ;  nor  join  Jefferson's  echo  of  the 
sentiment  in  his  letter  to  Short,  Minister  in  Holland  :  "  My  own 
affections  have  been  deeply  wounded  by  some  of  the  martyrs  of 
the  cause,  but  rather  than  it  should  have  failed  I  would  have  seen 
half  the  earth  desolated :  were  there  but  an  Adam  and  Eve  left  in 
every  country,  and  left  free,  it  would  be  better  than  it  is  now." 

It  has  a  brave  sound,  but  one  must  bear  in  mind  that  Jeffer 
son  wrote  such  things  in  private,  and  if  perchance  any  such 
utterance  of  his  reached  the  public — as  in  the  note  prefixed  to 
Paine's  "  Rights  of  Man,"  and  the  Mazzei  letter — he  fell  on  his 
knees  before  the  aggrieved  Tory.  Never  did  man  issue  so  many 
secret  circulars.  It  appears  to  have  been  his  method  to  remain 
almost  silent  in  the  Cabinet,  while  confronting  Hamilton  and  his 
party,  or  offer  a  feeble  opposition,  and  then  write  to  his  Republi 
can  friends  that  it  was  all  due  to  Randolph  that  their  side  did 
not  completely  triumph.  If  it  did  triumph,  Randolph's  part  in 
the  matter  was  not  alluded  to.  This  statement  is  substantiated 
by  the  following  account  of  the  action  of  the  two  men  in  the 
matter  of  the  President's  proclamation  of  impartiality  between 
the  European  belligerents,  and  the  Hamilton  circular  which 
followed.  To  understand  the  case  fully  the  general  situation 
must  be  borne  in  mind.  In  the  War  of  Independence  the  United 
States  had  incurred  a  debt  to  France  larger  than  any  historian 


202  EDMUND  RANDOLPH. 

has  recognized.  Had  it  not  been  for  French  generals  and 
soldiers,  French  gold  (near  seven  million  dollars),  and  the  diver 
sion  of  English  force  by  the  hostility  of  France,  the  result  of  the 
American  Revolution  might  even  have  been  different.  The 
gratitude  of  the  people  to  France  was  boundless,  and  when,  in 
April  1793,  tidings  reached  this  country  that  war  had  been  pro 
claimed  by  France  against  England,  as  head  of  the  alliance  of 
sovereigns  against  her,  the  spontaneous  sentiment  of  the  masses 
was  that  the  occasion  had  arrived  for  returning  to  their  European 
ally  the  assistance  she  had  so  freely  and  bravely  rendered.  A 
treaty  bound  the  United  States  to  guarantee  France  the  mainte 
nance  of  her  West  Indian  possessions  in  a  defensive  war,  but  to 
do  this  now  was  to  incur  risk  of  war  with  England.  The  two 
British  sympathizers  in  Washington's  Cabinet  had,  however,  to 
confront  the  inconvenient  French  treaty.  Thus  the  questions 
arose  whether  the  war  proclaimed  by  France  was  a  "  defensive 
war  "  ;  and  whether  a  treaty  formed  with  the  royal  government 
was  obligatory  towards  its  successor.  Randolph  believed  that 
the  condition  of  things  in  France  was  such  as  to  warrant  a  sus 
pense  of  action  under  the  treaty,  but  did  not  doubt  that  its  force 
would  be  binding  in  case  of  a  settled  government  following  that 
of  the  king.  But  suspense  was  not  to  be  allowed.  On  the  9 
April  1793  the  Minister  of  the  new  government,  Genet,  arrived 
at  Charleston,  S.  C. ;  before  presenting  his  credentials  to  the 
President  he  assumed  an  American  alliance  with  France,  and 
began  to  fit  out  privateers  and  enlist  Americans  in  its  service. 
These  proceedings  caused  a  sufficient  reaction  in  public  feeling 
to  enable  the  "  British  sympathizers  "  to  secure  a  proclamation  of 
virtual  neutrality.  Jefferson  and  Randolph  were  able,  however, 
to  keep  the  word  "  neutrality  "  out  of  it.  As  Secretary  of  State 
Jefferson  had  the  right  to  frame  the  proclamation  ;  but  the  deli 
cate  task  was  entrusted  to  Randolph.  The  Attorney  General 
showed  the  draft  to  the  Secretary  of  State,  who,  in  writing 


THE  PROCLAMATION.  20$ 

privately  to  his  friends,  pronounced  the  proclamation  "  pusillani 
mous,"  and  said  that  when  the  draft  was  shown  him  by  Randolph 
he  was  too  busy  to  examine  it  beyond  observing  that  the  word 
"  neutrality  "  was  omitted.  Some  historians  have  assumed  that 
the  drafting  of  the  proclamation  was  withdrawn  from  the  Depart 
ment  of  State  by  the  President  because  he  wished  it  to  be  by  a 
more  moderate  hand  than  Jefferson's.  It  appears  incredible  that 
the  task  should  have  been  entrusted  to  another  except  by  Jeffer 
son's  desire.  He  was  remaining  in  a  Cabinet  which  he  described 
as  a  cock-pit,  only  through  Washington's  entreaties,  and  no  slight 
could  have  been  offered  him.  Jefferson  nowhere  intimates  that 
the  proclamation  was  confided  to  the  Attorney  General  against 
his  advice.  It  is  also  incredible  that  Jefferson  should  have  failed 
to  scrutinize  the  draft  which  Randolph  brought  him  of  a  brief 
proclamation,  in  which  an  unweighed  word  might  have  had 
momentous  results. 

The  most  important  paragraph  in  the  proclamation  is  the 
first :  "  Whereas  it  appears  that  a  state  of  war  exists  between, 
Austria,  Prussia,  Sardinia,  Great  Britain,  and  the  New  Nether 
lands,  of  the  one  part,  and  France  on  the  other ;  and  the  duty 
and  intent  of  the  United  States  require  that  they  adopt  and  pur 
sue  a  conduct  friendly  and  impartial  toward  the  belligerent  pow 
ers."  When  Randolph  showed  this  to  Jefferson,  there  is  little 
doubt  that  its  every  word  was  weighed  by  the  Secretary  of  State,, 
however  convenient  it  may  have  become,  amid  the  Genet  ova 
tions,  to  describe  it  to  a  French  sympathizer  (veiled  by  Jefferson's 
biographers)  as  "  pusillanimous,"  and  to  profess  that  preoccupa 
tion  prevented  his  own  scrutiny  of  the  language. 

In  view  of  these  things,  Jefferson's  protestations  can  hardly 
outweigh  those  of  Genet,  who  declared  that  the  Secretary  of  State 
had  privately  encouraged  his  enlistments  of  Americans  in  the  ser 
vice  of  France  until  the  administration  pronounced  them  illegal. 

In  pursuance  of  the  proclamation  of  "  neutrality  " — as  it  was  at 


204  EDMUND  RANDOLPH. 

once  labelled  by  the  public — the  question  of  its  adequate  execu 
tion  came  before  the  Cabinet.  Hamilton  prepared  a  circular  to 
the  revenue  officers  commanding  them  to  be  vigilant  and  report 
all  infractions  of  neutrality  to  himself.  Randolph  insisted  that 
such  reports  should  be  made  to  the  district  attorneys  to  be  for 
warded  to  his  own — the  Attorney  General's — office.  This  change 
of  Hamilton's  scheme  prevailed.  To  Randolph's  surprise,  Jef 
ferson  afterwards  remonstrated  privately  against  the  circular. 
The  gracious  answer  of  the  Attorney  General  shows  that  the 
Secretary  of  State  had  expected  Randolph  to  pull  his  French 
chestnuts  out  of  the  fire,  himself  tacitly  consenting  to  their 
remaining  there.  The  letter,  dated  9  May  1793,  begins  : 

"  I  cannot  suffer  my  engagements  in  business,  to  interfere  with  a 
reply  to  the  observations  with  which  you  favored  me  on  the  proposed 
letter  to  the  collectors.  For  while  I  shall  support,  within  my  limited 
sphere,  every  just  energy  of  government,  I  am  solicitous  that  my 
friends  should  ever  believe  that  I  do  support  it  because  it  contributes 
to  the  essence  of  republicanism,  and  our  federal  safety.  You  recol 
lect  that  I  was  on  the  point  of  making  your  very  objection,  as  deserv 
ing  consideration,  when  you  mentioned  it.  It  was  impossible  not  to 
have  heard,  that  the  revenue-officers  have  been  suspected  to  be  a  corps 
trained  to  the  arts  of  spies,  in  the  service  of  the  Treasury.  Awake  as 
I  was  to  this  conjecture,  I  wished  not  only  to  guard  against  the  prac 
tice,  but  to  submit  it  to  an  accurate  inquiry,  I  accordingly  asked  Col. 
H.  whether  his  correspondence  has  at  any  time  been  directed  to  the 
prying  into  the  conduct  of  individuals  or  even  an  inspection  over  the 
legislatures.  He  solemnly  appealed  to  his  letter-books  for  a  proof  of 
the  negative.  Viewing  then  his  draught,  as  unconnected  with  past  sus 
picions,  I  could  discover  nothing  opposed  to  my  judgment." 

After  showing  that  every  government  must  gather  informa 
tion  from  its  executive  officers,  or  else  proceed  blindfold,  incurring 
peril  from  the  violations  of  neutrality,  he  points  out  that  the  col 
lectors  are  from  their  positions  near  the  water,  the  scenes  of  those 
violations,  best  qualified  to  discover  and  to  assist  Congress  if  fur 
ther  legislation  be  necessary. 


A    SLIGHTLY-HINTED   OBJECTION.  2O5 

"  It  would  be  a  vain  pretense,  and  wholly  unsatisfactory  to  the 
warring  powers,  to  make  a  request  of  the  kind  to  all  officers,  so 
as  to  comprehend  the  very  excise  officers  on  the  top  of  the  Alleghany. 
You  ask,  why  this  class  of  offences  may  not  be  left  to  the  usual  course 
of  offences  ?  They  will  not  be  wrested  from  the  usual  course.  For  as 
a  collector  might  always  inform  the  attorney,  consistently  with  law, 
without  being  required  to  do  so,  the  stimulus  to  his  vigilance  would 
be  no  otherwise  different  than  to  infuse  a  warmer  incentive  unknown 
to  the  cold  duty  of  a  private  citizen.  As  soon  as  the  attorney  pos 
sesses  the  case,  the  grand  jury,  judges,  and  the  rest  of  the  judicial 
apparatus,  which  I  esteem  with  you  as  bulwarks,  will  travel  in  the  work 
according  to  the  forms,  which  you  have  delineated.  It  is  true,  that  the 
original  draught  proposed  that  a  report  should  be  made  to  the  Secretary 
of  the  treasury.  But  this  was  agreed  to  be  erased  upon  my  suggestion  : 
so  that  the  intercourse  was  confined  to  the  attorney  alone.  This  correc 
tion  goes  very  far  into  your  main  objection.  The  impropriety  of  the 
treasury-department  entering  into  this  business  was  so  slightly  hinted 
by  you  during  the  consultation,  that  it  did  not  pass  thro'  any  discussion 
in  my  mind.  It  is  a  misfortune,  that  the  line  of  partition  is  not  always 
obvious  between  the  different  departments.  In  this  particular  instance, 
the  correspondence  being  relative  to  infractions  of  law  committed  by 
our  own  citizens,  might  seem  to  devolve  on  the  domestic  branch  of  the 
department  of  State  ;  or  as  relative  to  the  violation  of  the  rights  of 
foreign  nations,  on  the  foreign  branch  of  the  department  of  State  ;  or 
as  being  directed  to  the  collector  to  whom  the  Secretary  daily  writes, 
was  barely  important  enough  to  be  turned  out  of  that  channel.  At  the 
same  time  it  will  be  better,  I  believe,  that  on  those  occasions,  which  do 
not  evidently  belong  to  one  department  rather  than  another,  the  Presi 
dent  should  specially  instruct  whom  he  pleased  ;  and  that  the  letters 
should  express  that  they  are  written  by  his  direction." 

It  will  then  be  seen  that  the  impropriety  of  the  treasury  de 
partment  entering  into  this  business  was  "  so  slightly  hinted  "  by 
Jefferson  in  the  Cabinet  consultation,  that  it  did  not  "  pass  through 
any  discussion  in  [Randolph's]  mind  "  ;  and  that  the  reception  of 
reports  by  the  treasurer  (Hamilton)  was  erased  on  Randolph's 
suggestion. 

Such  are  the  facts,  however  painful  their  discovery,  behind 
the  secret  accusations  of  Randolph  circulated  by  Jefferson  among 


2C6  EDMUND  RANDOLPH. 

their  mutual  friends,  and  leaders  of  the  republican  party.  To 
Randolph  himself  Jefferson  wrote  in  a  way  to  disarm  suspicion  if 
any  had  invaded  a  mind  so  loyal.  "We  hear/'  he  writes  from 
Monticello  (1794),  "that  your  land  (Fry's)  is  sold  to  Mr.  Champ 
Carter.  This  deprives  us  of  the  hope  those  lands  had  kept  up  of 
your  ultimately  fixing  in  our  neighborhood."  The  unconscious 
Randolph  was  chivalrously  anxious,  as  he  had  been  when  Jeffer 
son  was  in  disgrace  thirteen  years  before,  to  keep  him  before  the 
country,  and  combated  those  protestations,  entirely  credited,  of 
an  everlasting  retirement  at  Monticello.  He  affectionately  en 
treats  him,  in  a  letter  of  28  Aug.  1794,  elsewhere  published,  to 
accept  the  position  of  Special  Envoy  to  Madrid  to  negotiate  on 
the  subject  of  the  free  navigation  of  the  Mississippi,  which  Vir 
ginians  particularly  had  at  heart.  His  letters  contain  no  word  in- 
timating  that  there  was  ever  any  break  in  their  friendship.  Others 
wondered  that  when  Jefferson  became  President  no  opportunity 
was  given  Randolph  to  rehabilitate  himself.  But  Randolph  asked 
no  help  of  him,  not  even  while  attending  Jefferson's  legal  affairs. 
When  he  (Randolph)  was  summoned  to  Chancellor  Wythe's 
dying  bed  (1806)  to  write  his  will,  he  accompanied  a  gift  of  re 
membrance  to  Jefferson  with  words  of  warmest  friendship,  prob 
ably  using  his  (Randolph's)  own  language.  In  his  "  History  of 
Virginia  "  he  is  careful  to  show  in  its  best  light  the  part  borne  by 
Jefferson,  and  records  with  animation  his  triumph  in  the  Assem 
bly,  where  the  charges  had  been  preferred  by  Col.  George  Nicho 
las  and  Patrick  Henry.  Such  was  Randolph's  faith  in  Jefferson 
to  the  last.  It  is  some  satisfaction  to  reflect  that  the  tragedy  of 
his  life  was  not  embittered  by  knowledge  of  the  hidden  hand 
which  had  smitten  him  even  more  fatally  than  those  of  Ham 
mond  and  his  conspirators  in  the  Cabinet. 

The  inconsistent  accusations  of  Jefferson  have  supplied  the 
pigments  from  which  Randolph's  portrait  has  been  painted. 

In  a  letter  to  Washington,  19  April  1794,  by  which  Jefferson 


CONTEMPORARY  ESTIMATES  OF   RANDOLPH.  2O/ 

attempts  to  justify  his  description,  Randolph  says :  "  I  know  it, 
that  my  opinions,  not  containing  a  systematic  adherence  to  party, 
but,  arising  solely  from  my  views  of  right,  fall  sometimes  on  one 
side  and  sometimes  on  the  other;  and  the  momentary  satisfaction 
produced  by  an  occasional  coincidence  of  sentiment  does  not  pre 
vent  each  class  from  occasionally  charging  me  with  inconsistency." 
Randolph's  admission,  at  its  worst,  would  merely  show  him  an 
early  "  Mugwump."  Randolph's  course  in  advocating  the  ratifi 
cation  of  the  Constitution  he  had  refused  to  sign,  lent  a  certain 
plausibility  to  the  slander.  But  it  may  be  remarked  that,  since 
that  period,  no  contemporary  save  Jefferson,  and  his  youthful 
parrot,1  appears  to  have  discovered  any  deficiency  of  decision  in 
Randolph.  Elbridge  Gerry,  of  Massachusetts,  described  him  as 
daring  "  to  think  for  himself,  and  to  speak  his  opinion  (without 
pouring  libations  on  the  altar  of  popularity)  though  it  should 
militate  with  some  of  the  most  accomplished  and  illustrious  char 
acters."  One  may  look  in  vain  through  the  letters  of  Washing 
ton,  Adams,  Hamilton,  Wolcott,  Pickering,  for  any  intimation 
that  Randolph  was  vacillating  or  temporizing.  Hammond  vainly 
tried  to  bend  Randolph;  and  when  a  modified  memorial  was 
handed  him  he  wrote  home  that  the  alterations  indicated  the  de 
cline  of  Randolph's  influence.  Pickering  writes  of  Randolph's 
"persevering  opposition."  Wolcott  writes  Marshall  a  theory 
that  the  President  wrote  a  letter  concealing  his  purpose  because  he 
"  knew  that  this  would  be  Randolph's  advice,  and  he  might  not 
think  it  proper  to  control  that  opinion  at  that  time."  According 
to  which  even  the  veracity  of  Washington  bent  before  the  inflex 
ibility  of  Randolph.  Washington's  "  entire  faith,"  as  Pickering 
repeats  his  words,  was  reposed  in  Jefferson's  "chameleon." 
Hamilton  found  him  unyielding,  and  suggested  sending  him 

1  John  Randolph  of  Roanoke,  writing  in  early  youth  from  the  feet  of  Jefferson, 
calls  Randolph  a  "chameleon."  It  was  about  the  same  time  that  Jefferson  used  the 
word  to  Madison. 


208  EDMUND  RANDOLPH. 

(Randolph)  as  Minister   to    France    at  a  time  when  the  utmost 
nerve  was  needed  there. 

It  was  left  to  Jefferson  to  make  the  discovery  that  Randolph 
was  a  chameleon,  though  he  did  not  have  sufficient  faith  in  his 
discovery  to  proclaim  it.  It  was  reserved  for  those  unacquainted 
with  Cabinet  councils,  and  to  these  it  was  a  whispered  secret. 
But,  after  pondering  the  allegation  that  this  chameleon  generally 
gave  his  opinions  to  one  side  (France)  and  his  practice  to  the 
other  (England),  and  searching  some  two  thousand  Jefferson 
papers,  I  have  arrived  at  the  conclusion  that  the  real  trouble  of 
the  Secretary  of  State  was  the  Attorney  General's  inflexibility. 
Randolph  represented  the  Constitution  of  the  United  States,  and 
however  much  his  "  principles  might  be  on  the  side  of  France,  his 
"practice  "  was  given  to  the  laws  and  treaties  of  this  country.  It 
fell  to  the  lot  of  the  first  Attorney  General  to  affirm  and  eluci 
date  the  law  of  land  and  sea,  at  home  and  abroad.  In  its  hun 
dred  years  the  nation  has  never  had  to  reverse  or  disown  one  of 
the  principles  or  precedents  established  by  his  voluminous  opin 
ions.  Among  those  opinions  were  a  considerable  number  which 
compelled  the  Secretary  of  State  to  apply  the  law  against  his 
French  revolutionary  friends.  I  find  among  Jefferson's  papers  a 
number  of  letters  from  the  Attorney  General,  some  not  printed 
among  the  State  Papers,  holding  the  Secretary  of  State  to  duties 
which  threatened  his  leadership  of  the  French  party.  He  (Ran 
dolph)  now  points  out  (May  14)  that  an  English  vessel,  the 
Grange,  being  captured  on  neutral  ground,  must  be  restored.  On 
May  26  he  points  out  that  some  flour  and  meal  belonging  to 
Americans,  being  shipped  two  months  after  France  declared  war, 
cannot  be  wrested  from  English  captors.  His  opinion  in  one 
case,  cited  in  the  previous  chapter  (2  May  1793),  is  suggestive 
of  an  attempt  by  Jefferson  to  disburden  himself  of  responsibil 
ity  for  certain  too  impartial  offices,  by  introducing  the  Presi 
dent's  direct  authority  to  counteract  Genet's  scheme  of  shielding 


PARTISAN  PORTRAITURE.  209 

French  cruisers  by  calling  them  American.  In  his  embarrassed 
replies  to  Genet  Jefferson  throws  the  responsibility,  as  far  as  pos 
sible,  on  the  Attorney  General  and  the  courts  for  all  action  not 
agreeable  to  France  ;  but  he  was  sore  about  it.  To  my  mind  it 
appears  plain  that  he  wanted  Randolph  to  be  a  Jeffersonian  facto 
tum  instead  of  an  Attorney  General,  and  that  the  only  ground 
for  his  complaint,  of  the  latter  being  now  on  one  side  and  now  on 
the  other,  was  that  his  friend  was  following  the  law,  and  could  by 
no  influence  be  brought  to  bend  it  in  favor  of  Jefferson's  senti 
ments  or  his  own. 

I  have  suggested  this  explanation  for  the  sake  of  Jefferson's 
memory.  One  would  be  glad  to  suppose  that  his  long-continued 
private  defamation  of  Randolph  arose  from  even  unjust  consider 
ations  of  public  policy,  rather  than  from  a  desire  to  lower  an  elo 
quent  and  popular  rival  in  the  affections  of  the  South,  strong  in 
the  confidence  of  Washington.  Whatever  judgment  may  be  formed 
of  his  motives,  the  fact  remains  that  by  that  skilful  hand 
Randolph  s  portrait  has  been  given  to  the  world  as  he  was  not, 
and  endures  to  this  day.  Other  portraitures  by  the  same  hand 
have  been  rejected.  The  "  Ana  "  is  a  gallery  of  repudiated  polit 
ical  portraits.  In  the  very  letter  to  Senator  Giles,  of  31  Dec. 
1795,  from  which  the  accusations  above  refuted  are  cited,  Wash 
ington's  "  infatuated  blindness  "  is  described;  and  he  [Washing 
ton]  is  accused  of  travestying  an  address  of  the  House  to  himself 
so  as  to  appropriate  to  himself  thanks  meant  for  others  also. 
But  however  generally  Jefferson's  portraits  of  Washington,  Ham 
ilton,  and  others  may  be  rejected,  this  "  chameleon  "  caricature 
of  Randolph  has  been  accepted.  On  a  canvas  of  Cabinet  secrecy 
it  was  painted ;  on  a  wall  of  popular  ignorance  of  its  subject  it 
has  been  preserved.  The  records  of  this  history  prove  the  por 
traiture  untrue.  Edmund  Randolph  had  indeed  a  refining  mind. 
His  conscience  was  apt  to  split  what  to  partisans  were  hairs,  to 
him  combinations  of  truth  and  error.  His  training  had  been  in 


2IO  EDMUND  RANDOLPH. 

the  quasi-judicial  duties  of  the  State  and  the  National  Attorney. 
His  right  place,  from  which  only  his  affection  for  Washington 
and  his  duty  to  his  country  in  an  emergency  withheld  him,  was 
the  Supreme  Bench.  The  judge  cannot  precipitate  action  like  a 
party  politician.  He  will  poise  longer.  But  when  the  poise  was 
over,  and  action  was  determined,  Randolph  precipitated  all. 
His  courage  and  independence  had  been  shown  from  the  hour 
when  he  parted  from  parents  and  sisters  on  the  Virginia  shore 
and  went  to  ask  for  a  place  at  his  hero's  side  in  the  siege  of  Bos 
ton, — the  only  place  he  ever  asked  for  in  his  life.  They  were 
shown  equally  in  his  refusal  to  sign  the  Constitution  at  Philadel 
phia  where  it  was  popular,  and  defending  it  in  Virginia  where  it 
was  unpopular ;  in  his  maintaining  the  suability  of  the  State 
against  the  protest  of  Virginia,  and  in  the  face  of  such  unanimity 
of  feeling  as  that  which  carried  the  Xlth  Amendment ;  in  his 
espousing  the  Jay  treaty  while  the  populace  were  burning  it,  but 
arresting  its  ratification  when  the  British  Provision-Order  was 
issued.  In  every  act  of  his  career  the  courage  of  his  opinions  was 
shown.  Had  Randolph  been  vacillating,  there  would  have  been 
no  need  of  a  conspiracy  between  the  British  and  American  Cabi- 
inets  to  strike  him  down.  Had  he  been  a  "  trimmer  "  he  might 
have  been  corrupted.  He  was  broken  at  last  because  he  could 
be  neither  bribed  or  bent. 


CHAPTER  XXI. 

SECRETARY  OF  STATE,    1794. 

"You  must  not  make  your  final  exit  from  public  life  till  it 
shall  be  marked  with  justifying  circumstances  which  all  good 
citizens  will  respect,  and  to  which  your  friends  can  appeal."  So 
wrote  Madison,  most  gracious  of  friends,  to  Jefferson,  when  the 
latter  announced  his  purpose  of  retiring  from  the  Cabinet.  To 
this  reproof  Jefferson  made  an  angry  reply,  ending :  "  Never  let 
there  be  more  between  you  and  me  on  this  subject."  The  Presi 
dent  also  warmly  remonstrated  against  this  abdication,  urging 
that  it  would  destroy  the  balance  of  influences  in  his  administra 
tion.  The  reason  for  Jefferson's  retirement  was  no  doubt  stated 
by  the  astute  French  Minister,  Fauchet,  to  his  government :  "  // 
s*  est  retir^  prudemment  pour  rietre  point  force"  a  figurer  malgre* 
lui  dans  scenes  dont  tot  ou  tard  on  devoilera  le  secret" 

Under  the  circumstances  Jefferson's  suggestion  to  Washing 
ton  that  Randolph  might  take  his  office  par  interim  bears  some 
resemblance  to  the  remark  of  a  fair  "  Salvationist,"  that  finding 
her  jewelry  was  carrying  her  to  the  Devil,  she  gave  it  to  her 
sister.  Nor  did  the  retiring  Secretary,  as  he  records  in  his  "Ana," 
fail  to  contribute  suo  more  something  to  the  burden  bequeathed 
to  his  successor;  though  he  did  not  venture  to  suggest  that  Ran 
dolph  lacked  nerve,  or  was  a  chameleon,  since  Washington  was 
well  acquainted  with  the  course  of  his  ministers.  A  small  deposit 
of  mistrust  in  the  President's  mind,  and  a  large  mass  of  un 
answered  letters — especially  of  such  as  involved  committal  on 
French  questions — were  Jefferson's  bequests  to  his  successor. 

211 


212  EDMUND  RANDOLPH. 

Randolph  was  not  the  man  for  cat-and-dog  fights  in  the  Cab 
inet.  For  fair  diplomacy  he  was  as  well  fitted  as  his  famous  an 
cestor  of  Elizabeth's  court ;  he  spoke  French  fluently,  was 
handsome,  affable,  of  imperturbable  temper :  a  man  of  the  world, 
without  the  slightest  inclination  for  its  trivial  pleasures.  The 
poverty  alluded  to  by  Jefferson — who,  as  attorney  for  Randolph's 
mother,  well  knew  the  self-denials  by  which  the  son  was  enabled 
to  forward  her  annuity — might  fairly  have  elicited  from  him  some 
word  of  sympathy ;  and  it  may  be  assumed  that  it  rendered 
Washington,  whose  large  law-business  in  Virginia  Randolph  had 
attended  to  without  remuneration,  the  more  willing  to  assign  his 
friend  the  more  lucrative  post.  The  salary  of  the  Secretary 
of  State,  $3,500,  sufficed  for  a  man  so  abstemious,  and  a  family 
accustomed  to  economy.  So  there  were,  no  personal  reasons 
why  Randolph  should  not  have  a  successful  career  in  the  State 
Department. 

And,  indeed,  he  was  successful,  up  to  the  hour  of  his  political 
assassination.  For  more  than  a  year  and  a  half,  after  Jefferson 
had  abandoned  the  storm-tossed  ship  of  state,  Randolph  was  the 
hand  with  which  Washington  repressed  the  forces  which  each  in 
stant  threatened  to  break  into  civil  war.  The  so-called  "  federal " 
and  "  republican  "  principles,  which  had  struggled  like  Jacob  and 
Esau  in  the  womb  of  America,  were  now  full-grown.  The  war 
between  England  and  France  was  reflected  here  in  a  conflict 
verging  on  bloodshed.  During  its  first  generation  the  United 
States  had  no  domestic  politics.  American  trade  with  the  two- 
chief  European  belligerents  was  involved ;  each  threatened  this 
country  with  war  if  it  did  not  break  with  the  other.  Washington 
was  doing  his  best,  as  he  said,  to  steer  between  Scylla  and  Cha- 
rybdis.  In  this  aim  his  only  possible  pilot  was  Randolph,  whose 
sober  republicanism  had  revolted  from  the  reign  of  madness  and 
lust  polluting  the  temple  of  liberty  in  France,  while  his  apprecia 
tion  of  the  English  constitution  was  qualified  by  remembrances 


A    STORMY  HORIZON.  21$ 

of  colonial  despotism.  He  was  in  love  with  neither ;  he  had  a 
cautious  respect  for  both.  He  loved  his  country ;  his  affection 
for  Washington  was  filial.  Nothing  but  this  affection  induced 
him  to  undertake  a  part  which  Jefferson  found  intolerable — one 
which  contending  partisans  regarded  as  essential  to  their  purposes. 
To  each  party  a  non-partisan  Secretary  of  State  was  a  Polonius 
behind  the  arras,  to  be  thrust  through  at  convenient  opportunity, 
while  the  dispute  for  this  picture  or  that  raged  to  its  termination. 
As  for  the  pictures,  each  was  a  Hyperion  to  the  other's  Satyr. 
But  Randolph  was  too  much  of  a  gentleman  to  regard  any  man  as 
a  Satyr. 

On  qualifying  as  Secretary  of  State,  2  Jan.  1794  Randolph 
wrote  to  the  President : 

"  I  must  entreat  you,  sir,  to  receive  my  very  affectionate  acknowl 
edgements  for  the  various  instances  of  your  confidence,  and  to  be 
assured  that,  let  the  consequence  be  what  it  may  in  this  perilous 
office,  no  consideration  of  party  shall  ever  influence  me  ;  that  nothing 
shall  ever  relax  my  attention  or  warp  my  probity  ;  and  that  it  shall  be 
my  unremitted  study  to  become  an  accurate  master  of  this  new  and 
important  business." 

By  his  retirement  to  Monticello,  Jefferson  escaped  the  brunt  of 
the  storm  raised  by  the  British  "Provision  Order"  (6  Nov.  1793) 
for  seizing  neutral  ships  carrying  supplies  to  France  or  to  any 
French  colony,  and  made  furious  by  a  report  of  Lord  Dorchester's 
speech  at  Quebec  inviting  the  Indians  to  join  the  English  in  their 
approaching  war  with  the  United  States.  Then  unpleasant  ru 
mors  came  from  France  ;  the  American  Minister  there,  Gouverneur 
Morris,  was  charged  with  friendship  for  the  aristocratic  party ; 
and  a  resolution  of  the  Senate  called  for  his  correspondence. 
The  President — to  whose  military  penchant  for  secrecy  our  gov 
ernment  partly  owes  a  bad  habit — hesitated  to  comply  with  this 
resolution.  Randolph  consulted  Judge  Wilson  and  Madison  as 
to  the  right  of  the  Executive  to  withhold,  and  a  communication 


214  EDMUND  RANDOLPH. 

of  selections  from  the  correspondence,  under  injunction  of  secrecy, 
was  resolved  on.  A  letter  from  Monroe  to  Jefferson,  16  March 
1794  (unpublished),  refers  to  this  matter: 

"  Prior  to  the  exclusion  of  Mr.  Gallatin  several  votes  had  been 
taken  and  carried  in  the  Senate  which  indicated  a  change  in  the  gen 
eral  measures  of  that  body.  A  particular  one  calling  for  the  corre 
spondence  of  G.  Morris  was  more  especially  felt  in  a  certain  quarter. 
At  that  period  R  [andolph]  informed  us  that  a  certain  person  began 
to  doubt  the  views  and  principles  of  a  certain  faction  and  to  think 
more  favorably  of  others,  and  the  members  of  that  faction  began  to 
express  similar  doubts  of  him.  But  from  the  time  of  his  removal  we 
have  heard  nothing  further  of  those  doubts  on  his  part,  and  on  theirs  the 
antient  spirit  of  confidence  and  affection  has  survived.  What  will  be  the 
issue  of  our  affairs  time  can  only  develope,  but  certain  it  is  that  at  present 
the  prospect  is  most  wretched  and  gloomy.  I  had  like  to  have  omitted 
mentioning  that  as  a  remedy  it  was  talked  of  by  the  fiscal  party  to  send 
an  Envoy  Extraordinary  to  England  to  complain  of  the  injuries  and 
seek  redress,  and  that  H  [amilton]  was  spoken  of  for  this  mission.  As 
the  situation  is  in  some  measure  a  paralell  one  I  should  think  it  more 
suitable  to  employ  John  Dickinson,  who,  I  believe,  drew  the  last  peti 
tion  of  Congress  to  the  King  in  the  course  of  the  late  revolution." 

Senator  Monroe  did  not  attach  much  importance  to  these 
consultations  of  "  the  fiscal  party  "  (Hamiltonians),  but  Randolph 
did,  and  at  once  made  the  proposal  to  the  President.  In  this 
way  he  made  the  envoy  policy  his  own  before  the  "  fiscal  party" 
had  arranged  their  scheme.  On  the  4  April  1794  news  came 
of  the  partial  revocation,  in  response  to  Randolph's  remon 
strances,  of  the  odious  "  provision  order,"  and  the  excitement 
somewhat  subsided.  On  the  6  April  1794  Randolph,  after 
reminding  the  President  that  he  had  originally  proposed  an  En 
voy  Extraordinary  to  England,  renews  the  proposal : 

"  i.  Because  the  representations  made  by  your  Minister  in  Ordinary 
seemed  to  rest  on  the  British  files  among  the  business  which,  if  ever 
entered  upon,  would  be  entered  upon  at  extreme  leisure  :  2.  Because 
the  recent  accumulation  of  injuries  called  for  pointed  notice  :  3.  Be 
cause  the  merchants  and  insurers  would  suspect  an  inattention  in  gov- 


7'HE  PRESIDENT  IN  DECLINE.  21 5 

eminent  if  their  great  interests  were  left  to  the  routine  and  delays  of 
common  affairs,  and  would,  on  the  other  hand,  be  highly  gratified  by 
the  movement  :  4.  Because  the  British  nation,  without  whose  affections 
the  Minister  can  do  nothing  of  any  importance  in  war,  ought  by  the 
strongest  demonstrations  to  be  retained  in  the  persuasion  that  we 
mean  peaceable  negotiation  rather  than  war  :  and  5.  Because  a  distin 
guished  character,  sent  fresh  from  the  feelings  of  the  United  States,, 
would  with  more  confidence  assert  and  with  more  certainty  impress. 

This  compact  argument, — whose  fair  corollary,  by  the  way, 
would  be  the  abolition  of  Ministers  altogether,  unless  specially 
needed, — recommended  itself  to  the  President ;  but  he  was  afraid 
of  hurting  Mr.  Pinckney's  feelings  by  taking  British  negotiations 
out  of  his  hands  ;  and  also  of  exciting  the  French  party  in  America. 
The  President,  his  misgivings  removed,  suggested  Hamilton  as 
the  proper  Envoy  to  England.  Certainly  it  would  have  made 
things  easier  in  the  Cabinet  had  Hamilton  been  out  of  the  coun 
try, — Hamilton  being  a  real  dictator  to  a  majority  of  the  ad 
ministration,  while  Washington  was  in  painful  decline.1  But 
personal  considerations  had  no  place  in  the  statesmanship  of 
Randolph.  As  the  President  had  brought  together  antagonistic 
parties  in  his  Cabinet,  described  by  Jefferson  as  a  "  cockpit,"  so 
his  idea  of  foreign  embassies  was  to  send  each  country  its  cham 
pions.  Randolph,  the  only  Minister  who  ever  deliberately  risked 
the  President's  displeasure,  incurred  it  on  this  occasion.  The 
President  was  so  strenuous  in  favor  of  Hamilton  for  an  Envoy 
that  Randolph  stated  the  situation  to  that  gentleman  himself. 
Either  Randolph's  arguments,  or  the  probability  that  his  nomi 
nation  would  not  be  confirmed,  induced  Hamilton  to  write  to 
the  President  declining  the  expected  appointment  and  urging 
Jay.  Meanwhile,  however,  Monroe  (Senator  at  the  time)  had 

1  Writing  of  the  President  at  the  close  of  1793,  Jefferson  says:  "  His  memory 
was  already  sensibly  impaired  by  age,  the  firm  tone  of  his  mind,  for  which  he  had 
been  remarkable,  was  beginning  to  relax,  its  energy  was  abated,  a  listlessness  of 
labor,  a  desire  for  tranquillity  had  crept  on  him,  and  a  willingness  to  let  others  act, 
or  even  think  for  him." — "Ana." 


2l6         .  EDMUND  RANDOLPH. 

written  to  the  President,  8  April,  1794,  a  remonstrance  against 
Hamilton's  appointment,  and  asked  for  an  interview.  The 
propriety  of  such  interview  was  submitted  to  Randolph,  who 
proposed : 

"  That  the  Secretary  of  State  inform  Col.  M.  verbally  that  his  sta 
tion  entitles  his  communications  to  attention  ;  that  it  is  presumed  that 
he  has  considered  and  made  up  his  mind  as  to  the  kind  of  interference 
which  a  senator  ought  to  make  in  a  nomination  beforehand  ;  that  upon 
this  idea  the  President  will  be  ready  to  afford  an  interview  at  a  given 
time." 

Events,  however,  rendered  the  interview  unnecessary.  Ham 
ilton  was  placed  on  the  rack  by  a  Commission  of  the  House, 
which  he  had  challenged  to  investigate  charges  concerning  his 
administration  of  the  Treasury.  The  charge  of  applying  to  one 
purpose  a  loan  ordered  by  Congress  for  another,  was  not  denied. 
But  Hamilton  sheltered  himself  under  Washington,  who,  while 
on  a  tour  in  the  South,  had  written  him  two  letters  which 
amounted  to  a  sanction  of  the  Secretary's  misappropriation. 
Randolph's  communication  of  the  matter  to  Washington  is 
marked  "private." 

"April  1794.— The  intelligence,  as  derived  from  Mr.  G[iles]  thro' 
Mr.  Ncichola]s  stands  thus  :  Col.  H[amiltonl  was  asked  by  the  Committee, 
what  authority  he  had  for  drawing  the  money  borrowed  in  Europe  over 
here.  His  answer  was  "  I  have  verbal  authority  from  the  President, 
and  fortunately  written  also."  It  is  supposed  by  Mr.  G.,  that  the  writ 
ten  authority,  or  rather  the  letter  from  Mount  Vernon,  which  is  referred 
to,  does  not  support  the  assertion  ;  but  that  a  reliance  will  be  wholly 
placed  on  the  verbal.  A  question  is  now  depending  (as  is  further  said) 
before  the  Committee,  whether  they  have  any  right  to  enquire  into  a 
verbal  authority,  given  by  the  President.  It  is  also  said,  to  be  one, 
made  by  Col.  H[amilton].  The  next  week  must  bring  this  business  to  a 
point  ;  when  we  shall  be  able  to  ascertain  facts,  without  drawing  them 
from  any  source  which  is  not  well  affected  to  the  gentleman  in  ques 
tion.  The  object  in  mentioning  the  thing  to  the  President  was  to  give 
him  time  to  examine  into  the  fact,  from  his  own  memory,  and  papers." 


HAMILTON  S    TRIAL.  2 1/ 

The  importance  of  this  affair  induces  me  to  insert  here  two 
letters  written  by  Randolph  to  Madison  many  years  afterwards : 

"LEXINGTON,  Virginia,  9  July  1811. — Without  one  feeling  left  of 
the  character  of  a  partisan,  but  still  living  to  friendship,  a  man,  whose 
hand  is  known  to  Mr.  Madison,  asks  him  whether  he  recollects  or 
ever  heard,  that  after  Col.  Hamilton  had  been  severely  pressed  for  a 
supposed  misappropriation  of  the  money,  devoted  by  law  to  special 
purposes,  he,  Col.  H.,  produced  a  letter  authorizing  it,  signed  by 
President  Washington  while  on  his  tour  to  South  Carolina  ;  that  the 
President  at  first  denied  its  existence  in  positive  and  vehement  terms, 
not  having  preserved  a  copy  of  it,  but  that  it  was  afterwards  acknowl 
edged  by  him,  and  registered  in  the  treasury  department,  ut  valeret, 
quantum  valere  potuit  ?  " 

"  CHARLESTOWN,  Jefferson  Co.,  Virginia,  8  August  1811. — Having 
removed  hither  to  pass  the  fall  and  winter  under  the  roof  of  my  daugh 
ter  Taylor,  I  did  not  receive  your  last  letter  until  yesterday.  If  the 
analogy  between  the  case  at  Philadelphia,  and  the  more  recent  one  at 
Washington,  be  strong  enough  to  merit  the  application  of  it,  with  the 
following  clue  a  second  search  at  the  Treasury  may  perhaps  succeed. 
Giles's  resolution  had  been  defeated  before  Col.  H.  suggested,  thro'  one 
of  his  indirect  conduits  to  the  ear  of  the  President,  that  during  his  tour 
in  the  South  he  had  sanctioned  by  two  letters  the  measure  which  was 
so  severely  criminated.  He  mentioned  the  circumstances  to  me,  with 
surprise  and  passion,  declaring  in  the  most  excluding  terms,  that  he 
never  did  write  or  cause  to  be  written  letters  to  that  purport.  Some 
days  afterwards,  Col.  H.  put  them  into  the  President's  hand  and  by 
him  they  were  communicated  to  me  with  an  instruction  to  write  to  Col. 
H.  avowing  them.  This  I  did,  and  it  would  seem  impossible  that,  upon 
a  subject  on  which  his  sensibility  was  so  much  kindled,  a  document 
of  justification  should  have  been  laid  aside  as  a  private  paper.  These 
facts  are  most  distinctly  recollected."  l 

When  this  matter  was  under  inquest  in  1794,  it  is  probable 
that  Randolph  was  convinced  that  the  President — usually  so  care 
ful  to  copy  official  letters — had  been  unaware  of  the  gravity  of  the 
answers  made  to  Hamilton  while  he  (Washington)  was  on  a  tour. 
In  his  letter,  therefore,  written  at  the  President's  request,  avowal 

1  This  letter  closes  :  "  Adieu,  my  ancient  friend,  from  whom  neither  time  nor 
circumstances  shall  ever  sever  me." 


218  EDMUND  RANDOLPH. 

of  the  correspondence  was  made  in  a  way  at  once  artistic  and  un 
pleasantly  truthful.  The  President  could  not  charge  his  memory 
with  all  communications  ;  no  doubt  it  was  as  he  said,  and  the  let 
ters  were  his  ;  but  the  President  always  understood  that  whatever 
was  done  would  be  within  the  laws.1  Hamilton  recognized  the 
Secretary  of  State  in  this  reply,  and  in  his  angry  answer  alludes 
to  him.1  His  soreness  was  natural.  When  Randolph  quietly  cir 
culated  the  fact  that  Washington  was  not  aware  of  his  letters, 
some  believed  that  Hamilton  had  taken  advantage  of  the  Presi 
dent's  hurries  and  worries  while  on  a  journey.  The  affair  had 
been  humiliating  to  the  President,  whose  gratitude  to  Randolph 
for  his  services,  measurable  by  the  bitter  words  (undisclosed)  of 
the  Treasurer,  elicited  a  letter. 

"19  April  1794. — Your  friendly  remarks  add  to  the  many  obliga 
tions  which  I  owe  to  you,  and  also  present  an  opportunity,  which  I 
cannot  forego,  of  unbosoming  myself  to  you  without  reserve.  I  have 
often  said — I  still  say — that  nothing  shall  sway  me,  as  nothing  has  yet 
swayed  me,  to  depart  from  a  long-settled  determination  never  to  attach 
myself  to  party.  I  believe  that  I  might  appeal  to  you,  Sir — nay,  I 
should  not  distrust  an  appeal  to  any  man  with  whom  I  have  acted,  that 
this  determination  has  been  conscientiously  pursued.  What  has  been 
the  consequence  ?  I  know  it — that  my  opinions,  not  containing  any 
systematic  adherence  to  party,  but  arising  solely  from  my  views  of 
right,  fall  sometimes  on  one  side  and  sometimes  on  the  other  ;  and  the 
momentary  satisfaction  produced  by  an  occasional  coincidence  of  sen 
timent,  does  not  prevent  each  class  from  occasionally  charging  me  with 
instability.  But  I  had  much  rather  submit  to  this  tax,  than  to  the  more 
painful  sensations  which  a  contrary  conduct  would  excite. 

"  I  am  no  less  apprized,  that  my  connections  by  friendship,  by  mar 
riage,  by  country,  and  by  similitude  of  opinions,  where  republicanism 
and  good  order  meet,  with  the  leaders  of  the  southern  politicks,  give 
birth  to  suspicions.  But  if  I  were  here  to  enumerate  the  great  subjects 
which,  since  the  organization  of  the  government,  have  agitated  the 
public  mind,  it  would  appear  that  even  those  connections  have  not 
operated  upon  me  beyond  the  weight  of  their  reason.  They  are  in 
estimable  to  me ;  and  while  I  retain  a  consciousness  of  my  ability  to 

1  Sparks'  Washington,  X.,  396,  554. 


AN  ESTIMATE   OF  WASHINGTON.  2ig 

resist  an  undue  influence,  I  cannot  deny  the  satisfaction  which  I  feel 
in  maintaining  them.  And  yet,  Sir,  there  is  one  fact,  of  which  I  beg 
you  to  be  persuaded,  that  with  them  I  have  no  communication  on 
matters  of  government,  which  I  would  not  have  with  others  :  I  converse 
freely,  but  without  imparting  official  intelligence  which  is  not  of  an 
absolutely  public  nature.  I  commit  myself  by  no  opinions,  and,  above 
all,  I  shall  never  attempt  to  use  those  persons  as  engines  of  any 
measure  which  is  a  favorite  with  me.  While  I  was  writing  this  last 
sentence,  a  question  springs  up  :  *  What  views  can  I  have  ? '  The 
answer  is,  peace,  liberty,  and  good  government. 

"  When  I  contemplate  the  other  party,  I  see  among  them  men  whom 
I  respect,  and  who,  if  their  duplicity  be  not  extreme,  respect  me.  I  see 
others,  who  respect  no  man  but  in  proportion  to  his  subserviency  to 
their  wishes.  Some  of  these  are  well  informed  that  I  have  opposed  in 
several  instances  things  which  they  had  at  heart.  I  have  no  reason  to 
suspect  Col.  Hamilton  of  any  unkind  disposition  towards  me — he  has 
none  on  my  part  with  relation  to  himself ; — even  to  your  confidential  ear 
have  I  never  disclosed  an  idea  concerning  him  which  he  might  not 
hear,  and  which  in  many  instances  and  particularly  a  late  one  he  has 
not  heard  from  my  own  mouth.  But  I  have  reason  to  suspect  others 
— if  you  pause  upon  a  measure  which  they  are  anxious  for,  I  am  sup 
posed  to  embarrass  you  with  considerations  of  a  popular  kind. 

"  But  I  have  said  enough — perhaps  too  much.  Suffer  me,  however, 
to  add  one  word  more,  of  the  sincerity  of  which  I  ask  no  other  judge 
than  yourself.  Your  character  is  an  object  of  real  affection  to  me ; 
there  is  no  judgment,  no  disinterestedness,  no  prudence,  in  which  I 
ever  had  equal  confidence.  I  have  often  indeed  expressed  sentiments 
contrary  to  yours.  This  was  my  duty  ;  because  they  were  my  senti 
ments.  But,  Sir,  they  were  never  tinctured  by  any  other  motive,  than 
to  present  to  your  reflection  the  misconstructions  which  wicked  men 
might  make  of  your  views,  and  to  hold  out  to  you  a  truth  of  infinite  im 
portance  to  the  United  States,  that  no  danger  can  attend  us,  as  long  as; 
the  persuasion  continues  that  you  are  not,  and  cannot  become,  the: 
head  of  a  party.  The  people  venerate  you,  because  they  are  con 
vinced  that  you  choose  to  repose  yourself  on  them.  Let  me  entreat 
you,  only  to  look  round  the  continent,  and  decide  if  there  be  any  other 
man,  but  yourself,  who  is  bottomed  upon  the  people,  independent  of 
party  ?  There  is  surely  none  ;  and  the  inference  which  I  submit  to 
your  candor  is,  that  the  measures  adopted  by  you  should  be  tried 
solely  by  your  own  and  unbiassed  mind." 


220  EDMUND  RANDOLPH. 

Hamilton  disposed  of,  Jay  was  favored  by  the  President  for 
the  special  mission  to  England.  Randolph  objected  to  the  ap 
pointment,  "because  it  was  a  bad  precedent  that  a  chief-justice 
should  be  taught  to  look  up  for  executive  honors,  flowing  from 
the  head  of  it,  while  he  retained  his  judicial  seat."  Personally 
he  liked  Jay,  and  thought  he  would  serve  the  country  better  as 
a  foreign  minister  than  as  a  chief-justice.  A  private  note  to  the 
President,  28  April  1794,  suggests  Jay's  resignation  before  his 
nomination,  and  that  he  should  be  resident  instead  of  envoy. 

"  28  April  1794. — I  sincerely  believe  that  Mr.  P[inckne]y  would  be 
agreeable  to  France  ;  tho'  not  so  agreeable  as  Mr.  L[ivingsto]n.  The 
arrangement  of  Mr.  J[a]y  as  resident  in  London  might  be  a  fortunate 
circumstance,  if  he  would  assent  to  it.  But  I  doubt  this,  because  he 
has  his  eye  immediately  on  the  government  of  N.  Y. — and  ultimately 
on  the  Presidency.  Besides  his  present  office  is  an  abundance  for  his 
wants,  and  he  can  educate  his  children  in  their  own  country  ;  which  of 
itself  is  an  immensity.  However,  if  he  could  be  consulted,  without  Mr. 
L[ivingsto]n  knowing  it,  I  still  repeat,  that  it  would  be  a  fortunate  cir 
cumstance,  should  he  remove  the  objection  which  has  been  made  to 
his  nomination  as  envoy." 

This,  however,  was  before  it  was  finally  determined  to  confer 
eventual  powers  of  commercial  negotiation  on  the  envoy.  For 
that  he  did  not  consider  the  over-polite  negotiator  with  Gardoqui 
adapted.  Not  until  after  Jay's  appointment  was  confirmed  did 
the  "  British  party  "  urge  that  the  envoy  should  be  empowered 
to  negotiate  a  commercial  treaty.  Against  this  Randolph  stood 
alone.  His  opinion  was  given  6  May  1794  : 

"  The  Secretaries  of  the  Treasury  and  War  Departments,  being  of 
the  opinion  that  it  is  constitutional  and  expedient  to  empower  Mr.  Jay 
to  conclude  a  treaty  of  commerce  with  Great  Britain,  the  powers  are 
drawn  conformably  with  these  ideas. 

"  But  as  they  entertain  sentiments  different  from  mine,  and  have 
committed  them  to  paper,  permit  me  to  assign  a  few  of  the  most  opera 
tive  reasons  on  my  mind.  i.  To  permit  such  a  treaty  to  be  signed  by 
Mr.  Jay,  and  transmitted  for  ratification,  is  to  abridge  the  power  of  the 
Senate  to  judge  of  its  merits.  For  according  to  the  rules  of  good  faith 


SPAIN  AND  ENGLAND  ALLIES.  221 

a  treaty  which  is  stipulated  to  be  ratified  ought  to  be  so,  unless  the  con 
duct  of  the  Minister  be  disavowed  or  punished.  2.  If  he  be  permitted 
to  sign  a  treaty  of  commerce,  no  form  of  expression  can  be  devised  to 
be  inserted  in  it  which  will  not  be  tantamount  to  a  stipulation  to  ratify, 
or  leave  the  matter  as  much  at  large  as  if  he  had  no  such  power.  3. 
Though  I  believe  the  people  of  the  United  States  desire  a  proper 
treaty  of  commerce  with  Great  Britain,  and  we  could  enumerate  so 
many  articles  as  to  ensure  their  approbation,  yet  am  I  persuaded  that 
no  man  can  undertake  to  say  that  they  would  be  contented  with  one  or 
two  articles  only  ;  as  is  proposed  by  the  gentlemen." 

Despite  Randolph's  powerful  letter  of  I  May  1794  to  the 
English  Minister,  Hammond,  defending  the  right  of  neutrals  to 
carry  provisions,  the  arrogant  course  of  England  continued. 
Randolph  proposed  some  effort  for  alliances.  With  Denmark 
especially,  since  that  country  suffered  much  from  English  cruisers. 
Randolph's  colleagues  in  the  Cabinet,  hostile  to  any  measure  that 
would  render  a  treaty  with  England  less  necessary,  were  against 
him.  On  9  July  1794  he  submitted  their  opinions  with  the  fol 
lowing  note  : 

"  The  Secretary  of  State  has  the  honor  of  enclosing  to  the  President 
of  the  United  States  the  opinions  of  the  Secretary  of  the  Treasury  and 
of  the  Attorney  General  upon  the  propriety  of  intrusting  to  Mr.  Jay 
eventual  powers  for  some  minister  who  may  concert  with  Denmark  and 
Sweden  a  proper  arrangement  for  the  defence  of  neutral  rights.  These 
gentlemen,  as  well  as  the  Secretary  of  War,  are  against  the  measure. 
Unless,  therefore,  the  President  sees  the  subject  as  strongly  as  it  is  im 
pressed  upon  the  mind  of  the  Secretary  of  State,  he  will  probably  let 
it  rest  for  the  present." 

Genet's  reign  of  terror  was  suppressed  so  far  as  making  Char 
leston  a  basis  for  direct  hostilities  against  England  was  concerned, 
only  to  break  out  in  another  direction.  Spain  and  England  were 
now  allies,  and  Genet  began  to  work  upon  the  hostile  feeling  of 
southern  Indian  tribes  towards  Spain,  and  on  the  chronic  wrath 
and  jealousy  of  Kentuckians  at  Spanish  command  of  the  Missis 
sippi.  Spain  owned  all  the  western  bank,  and  the  eastern  to  31° 


222  EDMUND  RANDOLPH. 

north  latitude.  The  growing  resources  of  Kentucky  were  hungry 
for  the  freedom  of  the  great  highway.1  Kentuckians  threw  them 
selves  with  enthusiasm  into  Genet's  scheme  for  an  expedition 
against  Louisiana  ;  democratic  societies  of  the  Jacobin  kind  held 
noisy  meetings^;  General  Clark,  of  revolutionary  renown,  was 
dubbed  "  Major-General  in  the  Armies  of  France,  and  Commander- 
in-Chief  of  the  Revolutionary  Legions  on  the  Mississippi."  This 
was  the  situation  towards  the  close  of  1793.  In  it  Jefferson  did  not 
bear  a  part.  It  was  one  of  those  bequests  to  Randolph  whose 
large  number  Washington  remarked.  The  new  Secretary  of 
State  wrote  two  letters  to  Genet  (13  Jan.  1794),  in  reply  to  unan 
swered  communications  to  Jefferson,  giving  him  his  final  quietus; 
but  also  transmitting  to  Genet's  successor  a  legacy  of  distrust 
towards  himself  (Randolph).  Nevertheless  he  secured  from  that 
successor  a  repudiation  of  Genet's  proceedings  in  the  West,  on 
the  strength  of  which  he  wrote  the  famous  letter  to  Gov.  Shelby 
of  Kentucky,  which  ended  the  military  schemes  in  that  State.2 

However,  the  government  had  its  warning  as  well  as  Ken 
tucky.  Gov.  Shelby,  enclosing  Randolph's  letter  to  John  Breck- 
enridge,  says  :  "  Mr.  Secretary  has  not  given  that  information  on 
the  subject  of  the  treaty  for  the  navigation  of  that  river  as  you 
had  reason  to  expect."  (MS.)  In  truth  none  knew  better  than 
Randolph  the  critical  situation.  He  invited  the  Commissioner  of 
Spain,  Jaudenes,  from  New  York  for  a  consultation,  which 
occurred  25  Aug.  1794.  A  memorandum  of  it  shows  that  Ran 
dolph  suggested  an  envoy,  and  Jaudenes  said  he  ought  to  be 
one  of  "  character,  conduct,  and  splendor." 

"  By  character  he  meant  a  diplomatic  grade  (no  matter  what)  in 
vested  with  full  powers  for  all  objects  ;  by  conduct,  a  proper  attention 
to  the  Court  and  a  proper  behaviour  in  the  management  of  the  nego 
tiation  ;  by  splendor,  personal  dignity  and  self-respect.  Splendor  as 

1  See  Dudley  Warfield's  very  interesting  historical  sketch  in  "The  Kentucky 
Resolutions  of  1798."  New  York,  1887. 

8  American  State  Papers,  Foreign  Relations,  1.  p.  458. 


AN  APPEAL   TO  JEFFERSON.  223 

the  effect  of  honourary  birth,  or  proceeding  from  such  considerations 
was  not  included." 

Three  days  after  the  interview  this  memorandum  was  sent  to 
Jefferson,  with  a  letter  urging  him  to  undertake  the  mission  to 
Madrid. 

"  Notwithstanding  you  have  fenced  out  from  the  purlieus  of  Monti- 
cello  every  thing  which  assumes  a  political  shape,  you  must  permit  me 
to  bring  before  you  a  subject  once  extremely  near  to  your  heart,  often 
the  employment  of  your  pen,  and  always  a  deep  interest  to  the  United 
States.  The  delays  and  evasions  which  you  know  to  have  been  prac 
tised  towards  our  Commissioners  at  Madrid  have  at  length  terminated 
in  an  absolute  stagnation.  The  people  of  Kentucky,  either  contemning 
or  ignorant  of  the  consequences,  are  restrained  from  hostility  by  a 
pack-thread.  They  demand  a  conclusion  of  the  negotiation,  or  a  cate 
gorical  answer  from  Spain." 

After  stating  that  the  President  had  concluded  to  send  a 
special  envoy  to  Madrid,  the  letter  proceeds : 

"  Motives,  public  and  personal,  induced  the  President  to  designate 
you  for  this  distinction.  He  did  indeed  feel  some  hesitation  in  in 
structing  me  to  offer  it  to  you  ;  as  your  ardor  for  retirement  has  pre 
dominated  in  all  your  late  arrangements.  But  he  yielded  to  this  con 
sideration  :  that,  from  the  declaration  of  Mr.  Jaudenes,  and  the  actual 
position  of  our  affairs  with  Spain,  your  separation  from  home  could  not 
be  of  any  considerable  duration.  Will  you  therefore  suffer  me  to  say  to 
the  President  that  it  would  not  be  unacceptable  to  you  to  undertake  this 
important  office  ?  For  myself,  I  see  reasons  to  wish  your  acceptance, 
derived  from  very  interesting  sources.  What  if  the  Government  of 
Kentucky  should  force  us  either  to  support  them  in  their  hostilities 
against  Spain,  or  to  disavow  and  renounce  them  ?  War  at  this  moment 
with  Spain  would  not  be  war  with  Spain  alone  :  the  lopping  off  of 
Kentucky  from  the  union  is  dreadful  to  contemplate,  even  if  it  should 
not  attach  itself  to  some  other  power.  The  people  there  ripen  daily,  I 
fear,  for  one  or  the  other  of  these  alternatives  ;  and  the  progress  of 
the  mischief  cannot  be  stopped  "but  by  a  vigorous  effort  of  our  govern 
ment  thro'  the  medium  of  one  possessing  their  confidence." 

After  warm  expressions  of  confidence  and  friendship,  the 
letter  concludes: 


224  EDMUND  RANDOLPH. 

"  Should  it  be  impossible  to  persuade  you  once  more  into  the  diplo 
matic  field,  I  must  request  you  to  forward  by  the  express  the  enclosed 
letter  addressed  to  the  Postmaster  at  Richmond.  It  contains  another, 
intended  eventually  for  Mr.  Patrick  Henry,  with  a  similar  object."  * 

To  this  Jefferson  returned  the  "  soft-pillow  "  refusal  (Sept.  4) 
which  has  been  mistakenly  referred  to  an  invitation  to  re-enter 
the  Cabinet.  The  President  never  desired  Jefferson's  return  to 
the  Cabinet. 

The  excitement  in  Kentucky  did  not  abate,  and  indeed  the 
persistent  failure  of  negotiations  at  Madrid  gave  the  Secretary  of 
State  slight  prospect  of  repressing  it.  A  Kentucky  Senator,  to 
whom  the  sacredness  of  secrecy  had  not  been  revealed,  was  cross- 
examined  before  the  "  Democratic  Society  "  of  Lexington,  and 
although  he  gave  no  satisfaction  it  was  chiefly  because  there  was 
none  to  give.  "  Will  you  not  be  chagrined,"  writes  Randolph  to 
Washington,  "  to  hear  that  Mr.  Edwards  should  so  far  lose  all 
sense  of  public  dignity  and  self-respect  as  to  suffer  himself  to  be 
interrogated  by  the  democratic  society  there  concerning  the 
negotiations  at  Madrid  ?  The  creature  was  so  debased  as  to  an 
swer  to  the  best  of  his  understanding  ;  but  Providence  has  kindly 
interfered  as  usual  in  the  cause  of  the  United  States  by  denying 
him  any  understanding,  or  even  the  appearance  of  it,  except 
when  under  the  first  influence  of  his  whiskey  dram  in  the 
morning." 

The  following  confidential  note  of  Randolph  to  Washington, 
apparently  at  Mount  Vernon,  14  October  1794,  may  close  these 
papers  on  the  Spanish  complication : 

"  The  exterior  and  manners  of  Mr.  Freira,  if  it  were  possible  to 
draw  any  conclusion  at  first  sight,  would  indicate  him  to  wish  to 
impress  the  belief  that  he  is  in  no  habits  of  intimacy  with  either  the 

1  This  invitation  to  Henry,  with  which  his  biographers  do  not  appear  acquainted, 
followed  a  letter  from  Gov.  Henry  Lee  to  Washington,  in  which  he  describes  Henry 
as  under  an  impression  that  the  President  considered  him  (Henry)  "  a  factious,  sedi 
tious  character, "being  thereby  "  deeply  and  sorely  affected. "—See Tyler's  "  Patrick 
Henry,"  p.  355. 


MR.  FREIRA.  22$ 

English  or  Spanish  diplomatic  characters  here  : — that  he  is  averse  to 
every  entanglement  of  etiquette  : — that  he  is  sent  to  render  himself 
agreeable  : — He  speaks  English  well,  tho'  he  means  to  correspond  in 
French.  He  talks  affably  ;  but  at  the  same  time,  if  he  be  not  a  man 
of  art,  under  the  garb  of  a  disdain  of  it,  and  if  he  be  not  liable  to  be 
used  as  an  instrument  in  the  hands  of  other  ministers,  I  shall  be  won 
derfully  mistaken.  The  course  of  chit-chat  leads  me  to  say  that  our 
friendship  for  her  faithful  majesty  would  have  rendered  a  representa 
tive  from  her  acceptable  at  all  times.  He  saw,  that  I  had  in  my  mind 
the  long  rumour  of  his  being  commissioned,  and  acknowledged  it  ; 
adding,  that  he  was  prevented  by  some  urgent  objects.  The  fact  is 
that  he  has  been  travelling  backwards  and  forwards  for  eighteen  months 
between  Lisbon  and  London  ;  and  I  feel  a  persuasion,  that  he  would 
never  have  come  hither,  had  he  not  been  assured  that  there  was  no 
danger  of  a  rupture  between  us  and  Great  Britain.  I  shall  dine  him 
next  week  with  the  principal  gentlemen  in  town,  as  Mr.  Freira.  His 
Lady,  whom  he  calls,  Madam,  will  probably  not  exhibit  herself  in  pub 
lic  for  some  days,  her  voyage  having  indisposed  her  greatly. 

'*  There  was  an  idle  rumour,  that  some  of  the  insurgents  were 
determined  to  do  you  some  private  mischief.  Mr.  Beckley  stated  it  to 
me  in  so  formal  a  manner,  that  I  thought  it  advisable  to  interrogate  the 
person  from  whom  it  was  said  to  have  come.  Finding  that  what  he 
had  said  was  of  more  than  a  month's  standing,  and  did  not  bear  the 
construction  which  was  put  upon  it,  I  passed  it  over  as  too  ridiculous 
to  notice  further  than  in  this  way.  But  I  took  care  to  let  the  person 
see  that  there  was  nothing  like  solemnity  in  my  inquiries." 


CHAPTER  XXII. 

A     WINTRY     SUMMER. 

THE  Jay-Gardoqui  negotiations,  by  which  the  South  and  West 
saw  the  Mississippi  River  politely  handed  over  to  Spain,  could  not 
easily  be  forgotten  by  the  man  who  was  then  Governor  of  Vir 
ginia,  now  Secretary  of  State.  It  was  conceded  to  his  protest 
that  Jay's  powers  of  commercial  negotiation  should  be  "  eventu 
al  "  only  ;  but  this  character  made  those  powers  a  snare.  It  gave 
excuse  for  concealing  from  the  Senate,  at  Jay's  nomination,  what 
to  a  majority  of  the  Cabinet  was  the  main  purpose  of  the  mission. 
Thus,  while  Randolph  went  on  writing  to  London  his  fourscore 
letters,  representing  labors  unsurpassed  in  our  ministerial  history, 
urging  reclamations  announced  as  the  object  of  the  mission, 
factors  were  introduced  which  made  the  commercial  negotiation 
primary  and  the  proclaimed  object  eventual.  While  the  Execu 
tive,  after  publishing  Jay's  memorial  and  Grenville's  fine  promises, 
could  announce  no  tidings  of  redress,  the  prolonged  negotiations 
of  the  envoy  excited  suspicion.  Lord  Grenville  and  Jay  cau 
tiously  conducted  their  interviews  alone,  and  without  pen  or 
pencil.  As  usual,  secrecy  was  the  atmosphere  of  suspicion.  The 
jealous  charges  of  France  that  some  treaty  was  forming  could  not 
be  denied,  and  fierce  attacks  were  made  on  the  administration. 
Amid  the  "  democratic  societies  "  an  American  Jacobinism  was 
generated.  Its  diatribes  fanned  the  popular  excitement,  and  it 
burst  into  flame.  The  combustible  material  had  been  prepared 
by  the  Excise  laws  which  bore  heavily  on  the  western  distillers. 

226 


CIVIL   STRIFE.  227 

The  insurrection  broke  out  in  the  early  summer  of  1794 ;  the  col 
lectors  were  tarred  and  feathered  ;  the  inspector's  mansion  was 
burned  and  he  was  forced  to  fly.  The  flame  fomented  by  the 
American  Jacobins  was  fed  by  the  English.  So  the  President 
instructed  Jay.  Nothing  could  conduce  more  to  make  the  Eng 
lish  masters  of  the  situation,  so  far  as  the  treaty  was  concerned. 
The  alcoholic  conflagration  at  Pittsburgh  not  only  spread  easily 
among  the  distilleries  along  the  Ohio,  but  found  fuel  in  anti- 
Spanish  and  disunionist  agitations  in  Kentucky,  and  in  Indian 
animosities  of  the  northwest.  The  Governor  of  Canada  was 
exciting  these,  and  offering  alliance  to  the  savages.  The  alterna 
tive  English  offer  was  that  of  alliance  with  the  United  States  on 
terms  dictated  to  Jay. 

In  Randolph's  letters  to  Jay,  published  among  the  American 
State  Papers, 1  may  be  found  the  history  of  internal  events  dur 
ing  the  envoy's  absence.  The  inside  story,  however,  is  disclosed 
in  Randolph's  "  Vindication  "  of  his  resignation.  His  opponents 
in  the  Cabinet  desired  to  make  a  signal  example  of  the  insurrec 
tionists  in  Western  Pennsylvania.  Hamilton  induced  Washington 
to  ask  for  an  army,  and  start  out  at  its  head,  taking  himself 
(Hamilton)  along  as  an  officer.  Randolph,  convinced  that  a  col 
lision  would  lead  to  a  combined  civil,  savage,  and  foreign  war, 
entreated  Washington  to  first  exhaust  every  means  of  legal  and 
peaceful  repression.  He  succeeded  in  securing  a  compromise  by 
which  commissioners  were  appointed  to  treat  and  prosecute, 
while  the  army  showed  its  teeth  without  using  them. 

The  insurrection  was  thus  suppressed  without  further  blood 
shed,  but  the  sequela  survived.  A  commercial  treaty  was  signed 
in  London.  France  was  enraged  ;  her  champions  in  America 
were  furious  ;  for  though  the  treaty's  contents  were  unknown, 
all  were  certain  that  it  was  dictated  by  England.  Opposition 
was  made  to  an  appropriation  for  expenses  of  mobilizing  the 

1  Foreign  Relations,  vol.  I. 


228  EDMUND  RANDOLPH. 

army  of  15,000  men.  It  became  necessary  for  the  President  to 
denounce  the  "  democratic  societies," — the  American  Jacobins, 
— and  at  the  same  time  to  conciliate  France. 

From  the  unpublished  confidential  correspondence  between 
Randolph  and  Jay,  which  the  Hon.  John  Jay  has  kindly  placed 
in  my  hands,  the  difficulties  of  the  Secretary  of  State  in  that 
terrible  year  may  be  partly  inferred.  The  envoy  tells  him,  Sept. 
13,  of  the  "  uneasy  sensation  "  caused  in  London  by  his  amicable 
letter  to  the  French  government,1  by  the  grand  reception  of 
Monroe,  and  his  response.  "  It  is  not  pleasant  for  me  to  say 
these  things,  but  so  is  the  fact,  and  it  is  proper  that  you  should 
know  it."  In  his  answer,  Nov.  12,  Randolph  cordially  thanks  Jay 
for  his  candor,  and  continues  : 

"  In  one  sense  I  learn  with  regret  that  my  letter  to  the  committee 
of  public  safety  in  France  should  create  any  uneasy  motions  in  the 
breast  of  the  British  Ministry.  I  should  regret  that  I  have  heen  made 
the  instrument  of  weakening  the  good  disposition  which  the  majority 

1  "  Philadelphia,  June  10,  1794.  The  undersigned  Secretary  of  State  for  the 
United  States  of  America  has  the  honor  of  representing  to  the  committee  of  public 
safety  for  the  French  Republic,  that,  on  the  2$th  of  April,  in  the  present  year,  it  was 
unanimously  resolved  by  the  House  of  Representatives,  as  follows  :  '  That  the 
letter  of  the  committee  of  public  safety  of  the  French  Republic,  addressed  to  Con 
gress,  be  transmitted  to  the  President  of  the  United  States,  and  that  he  be  requested 
to  cause  the  same  to  be  answered  on  behalf  of  this  House,  in  terms  expressive  of 
their  sensibility  for  the  friendly  and  affectionate  manner  in  which  they  have 
addressed  the  Congress  of  the  United  States,  with  an  unequivocal  assurance  that  the 
Representatives  of  the  People  of  the  United  States  have  much  interest  in  the  happi 
ness  and  prosperity  of  the  French  Republic.' 

"  The  President  of  the  United  States  has  consigned  this  honorable  and  grateful 
function  to  the  Department  of  State.  In  no  manner  can  it  be  more  properly  dis 
charged  than  by  seizing  the  occasion  of  declaring  to  the  ally  of  the  United  States, 
that  the  cause  of  liberty,  in  the  defense  of  which  so  much  American  blood  and  treas 
ure  have  been  lavished,  is  cherished  by  our  republic  with  increasing  enthusiasm  ; 
that  under  the  standard  of  liberty,  wheresoever  it  shall  be  displayed,  the  affection  of 
the  United  States  will  always  rally  ;  and  that  the  success  of  those  who  stand  forth  as 
her  avengers  will  be  gloried  in  by  the  United  States,  and  will  be  felt  as  the  successes 
of  themselves  and  the  other  friends  of  humanity. 

"Yes,  representatives  of  our  ally,  your  communication  has  been  addressed  to 
those  who  share  in  your  fortunes,  and  who  take  a  deep  interest  in  the  happiness  and 
prosperity  of  the  French  Republic." 


A   DELICATE    TASK.  22<) 

of  them  appear  to  bear  towards  us.  For  I  was  among  the  first  who  ex 
pressed  a  solicitude  for  the  appointment  of  an  envoy  to  Great  Britain. 
I  am  second  to  no  man  in  believing  that  harmony  with  that  country  is 
of  immense  value  to  the  United  States  ;  in  my  small  sphere  I  have 
labored  to  avert  a  war  with  it ;  my  efforts  in  the  line  of  my  department 
have  been  directed  to  the  maintenance  of  perfect  neutrality,  and  you 
will  therefore  credit  me  when  I  say  that  I  shall  rejoice  in  your  success. 
The  British  minister  here  and  some  other  British  agents  have  taught 
their  correspondents  on  your  side  of  the  water  to  expect  from  me  acts 
not  consistent  with  the  impartiality  which  we  profess.  But  surely  I 
may  appeal  to  the  intercourse  between  us  for  a  refutation  of  such  a 
suspicion.  And  yet,  under  the  influence  of  even  these  sentiments,  my 
tranquillity  is  in  no  manner  disturbed  by  an  apprehension  that  the 
British  government,  if  pure  in  their  views,  would  be  checked  in  the 
spirit  of  amity,  when  they  have  before  them  the  most  striking  example 
of  amity  on  our  part  in  your  mission,  which  was  instituted  in  the  mo 
ment  of  the  most  aggravating  injury  and  insult. 

"  But,  sir,  notwithstanding  these  considerations,  I  should  hold  my 
self  to  blame  if  in  my  letter  I  had  overleaped  the  degree  of  strength 
intended  by  the  house  of  representatives.  For  it  is  not  enough  that  a 
public  officer  should  merely  suppress  the  vehemence  of  any  predilec 
tion  or  prejudice  which  he  may  entertain,  but  he  ought  also  to  be 
watchful  lest  they  should  steal  from  his  pen.  Conscious  as  I  am  that 
I  restrained  my  affections,  and  was  upon  my  guard  against  their  im 
pulse,  when  that  letter  was  written,  I  have  this  morning  compared  it 
with  the  resolution  on  which  it  was  founded,  with  that  calm  attention 
arising  from  the  persuasion,  that  if  an  error  has  been  committed,  it  was 
no  more.  But  I  frankly  own  that  I  discover  no  error.  The  house  did 
not  mean  that  the  resolution  only  should  be  transmitted.  They  gave 
it  as  the  text  of  the  letter.  This  text  required  the  draught  to  contain 
terms  expressive  of  sensibility  for  the  friendly  and  affectionate  manner 
in  which  the  committee  had  addressed  Congress  ;  and  an  unequivocal 
assurance  that  the  house  have  much  interest  in  the  happiness  and  pros 
perity  of  the  French  Republic.  The  address  of  the  committee  was 
naturally  adverted  to  ;  and  it  became  my  duty  to  make  a  response  to 
the  matter  of  it.  The  word  unequivocal  imposed  the  necessity  of  a 
pointed  development  of  sensation.  The  happiness  and  prosperity  of 
the  French  Republic  implied  a  defeat  of  the  allied  powers  ;  and  that 
the  happiness  and  prosperity  of  the  French  people  was  connected  with 
the  republic  in  contradistinction  to  monarchy.  If  a  scope  was  not  pre- 


230  EDMUND  RANDOLPH. 

sented  here  for  much  more  than  was  said,  censure  would  have  been 
liberally  bestowed  (and  probably  not  without  cause)  ;  if  less  had  been 
said  I  could  indeed  have  reduced  the  language  to  the  coldness  of  death. 
But  this  would  have  been  hardly  expressive  of  sensibility.  I  could 
have  made  it  lukewarm  ;  but  this  would  not  have  amounted  to  an  un 
equivocal  assurance.  In  short  it  is,  after  all,  not  easy  to  form  a  scale 
for  graduating  the  set  of  words  to  the  precise  fervor  of  another.  All 
which  can  be  taken  with  certainty  is,  not  to  transgress  wilfully  the 
standard  which  is  proposed.  My  conclusion  therefore  is,  that  if  a  fault 
has  existed  anywhere,  it  belongs  to  the  house  of  representatives." 

In  a  postscript  to  this  letter  Randolph  says :  "  Since  my  pub 
lic  letter  of  the  8th  inst.  we  have  received  no  intelligence  of  con 
sequence  from  the  army.  But  it  is  impossible  that  things  should 
be  otherwise  than  right."  The  conflict  had,  however,  been  trans 
ferred  from  Pittsburgh  to  Philadelphia.  At  the  opening  of  Con 
gress,  Nov.  3,  the  President  alluded  to  the  influence  of  "  certain 
self-created  societies  "  in  fomenting  the  insurrection.  The  Senate 
cordially  responded,  the  House  did  not,  and,  after  much  discord, 
an  answer  was  returned  omitting  any  pointed  reference  to  the 
societies  impugned.  The  President's  attack  on  the  societies  was 
bitterly  resented  in  the  press,  and  his  position  had  to  be  defended 
in  that  field.  A  "  private  "  letter  from  Randolph  to  Washing 
ton,  Oct.  21,  reports  Wilson  Gary  Nicholas  and  Madison  agree 
ing  that  the  insurrection  deserved  "  every  animadversion."  That 
they  would  have  advised  the  form  it  took, — a  denunciation  of  the 
"  Societies  " — is  doubtful.  The  unpopular  task  of  defending  this 
was  left  to  Randolph.  His  next  letter  to  Washington  is  dated 
Nov.  6, — while  the  conflict  over  the  address  was  raging  in 
Congress : 

"  Col.  Griffin  tells  me,  that  Parker  and  Blount  are  feeling  the  pulse 
of  the  members  upon  the  article  of  expense  incurred  by  the  late  expe 
dition.  This  circumstance  enables  me  to  say  to  you,  without  forcing  an 
opportunity,  that  I  am  determined,  let  it  cost  what  labor  it  may,  to  fol 
low  with  answers  all  the  observations  of  Mr.  Bache's  correspondence  on 
the  matter  of  the  speech.  I  hold  the  present  to  be  in  some  degree  a  new 


AN  ATTACK  ON  JAY. 

era  in  our  government ;  and  that  if  the  measures,  which  you  will  impart 
to  Congress,  be  properly  supported  against  misrepresentation,  you  will 
establish  perfect  tranquillity  to  the  government  and  (what  to  my  priv 
ate  feelings  is  truly  interesting)  your  administration  will  be  found  to 
have  passed  thro'  a  trying  crisis  with  dignity.  You  will,  I  am  sure,, 
believe  me,  when  I  say,  that  the  fame  of  him  who  has  so  long  been  my 
patron  is  more  dear  to  me  than  any  connection  with  any  other  man.  I 
am  carried  into  this  remark  by  foreseeing,  that  the  fermentation  of  par 
ties  will  be  great  during  this  session  ;  and  that  I  may  not  trouble  you 
again  with  any  thing  personal,  I  will  just  add,  that  a  review  of  your 
administration,  which  is  all  but  finished,  will  appear,  without  some  un 
foreseen  impediment,  soon  after  the  rising  of  Congress." 

Randolph's  answers  to  the  President's  assailants  appeared  in  a 
series  of  thirteen  powerful  letters  signed  "  Germanicus,"  which 
were  afterwards  circulated  in  pamphlet  form.  It  was  a  fatal  blow 
to  American  Jacobinism,  and,  his  style  being  pretty  well  known, 
it  was  not  likely  to  be  forgiven.  It  marks  his  conception  of  the 
difference  between  American  liberty  and  what  then  called  itself 
liberty  in  France,  that  whilst  the  French  government  was  sup 
pressing  Jacobinism  by  enactments,  Randolph  opposed  any  such 
measures.  He  believed  that  in  a  republic  unrepublican  organiza 
tions  could  be  effectually  met  by  appeals  to  the  reason  and  heart 
of  the  people.  At  the  same  time  he  used  the  French  decrees 
against  Jacobins  as  a  warning  of  what  such  societies  might  lead 
to  in  the  United  States. 

The  Randolph-Jay  confidential  correspondence  may  now 
be  resumed.  The  London  commercial  negotiations  were  kept 
entirely  secret,  but  the  remonstrance  against  Randolph's  letter 
to  France  became  known.  A  severe  attack  in  the  Aurora  against 
Jay  followed.  Randolph  writes  Jay,  19  Nov.  1794,  as  follows: 

"  By  a  triplicate  I  have  already  acknowledged  your  unofficial  favor 
of  the  i3th  September  1794.  Nor  should  I  have  resumed  the  sub 
ject  of  it  but  for  a  little  sally  of  some  dissatisfied  man  in  Bache's  paper 
of  this  morning,  which  can  have  no  other  effect  than  to  produce  some 
unpleasant  sensations  in  your  mind  with  respect  to  myself.  I  speak  of 


232  EDMUND  RANDOLPH. 

it  as  the  composition  of  some  dissatisfied  man  ;  because  I  entertain  the 
fullest  persuasion  that  you  will  not  for  a  moment  believe  that  I  have  in 
the  most  distant  manner  contributed  to  its  publication  ;  that  I  ever 
read,  saw  or  heard  of  it  in  whole  or  in  part,  until  it  appeared  ;  and  that 
if  I  had  obtained  the  smallest  hint  of  it,  I  should  have  endeavored  to 
suppress  it.  This  I  solemnly  aver  to  be  the  fact.  But  there  is  some 
thing  more,  which  I  have  at  heart.  It  is,  that  you  may  not  suppose  me 
to  have  put  the  materials  into  the  hands  of  those  who  would  make  an 
improper  use  of  them.  No,  Sir.  This  is  the  simple  history  of  the 
affair.  After  receiving  your  private  letter  in  which  you  mention  your 
having  omitted  through  delicacy  to  me,  in  your  public  dispatch,  the  un 
easiness  produced  by  the  letter  written  in  behalf  of  the  House  of  Rep 
resentatives,  I  communicated  it  verbally  to  some  of  your  friends  and 
of  mine,  who  were  members  of  the  House  of  Representatives  ;  in  order 
that  I  might  ascertain  whether  I  had  in  their  judgment  trangressed  the 
purpose  of  their  House.  Indeed  I  saw  no  reason  why  the  thing  should 
not  be  spoken  of ;  and  I  felt  a  reason  for  doing  so  arising  from  an  un 
willingness  to  be  thought  to  go  beyond  the  text  which  was  given  to  me, 
But  it  was  impossible  that  I  should  have  used  the  terms  "severally 
remonstrated!1  If  I  had  doubted  the  propriety  of  mentioning  the  affair, 
my  doubt  would  have  been  entirely  removed  on  finding  that  a  merchant 
from  New  York  had  written  the  same  thing  to  his  correspondent  here, 
as  coming  in  a  letter  from  London.  I  ought  to  say  further  in  justice  to 
myself,  that  no  person  has  regretted  more  the  observations  which  have 
been  scattered  through  the  newspapers  respecting  your  memorial  to 
Lord  Grenville ; '  and  that  whenever  you  shall  return,  and  can  obtain  the 
truth  of  facts  from  any  source  in  which  you  can  confide,  you  will  find 
that,  far  from  enabling  others  to  indulge  any  indisposition  towards  you, 
I  have  never  suffered  remarks  made  in  my  presence,  upon  your  con 
duct  of  the  mission,  to  pass  without  notice,  nor  yet  without  refutation  ; 
as  far  as  it  was  proper  to  communicate  the  state  of  the  negotiation." 

The  following  note  by  Randolph,  16  Dec.  1794,  may  be  in 
serted  as  a  curiosity,  surviving  from  the  time  when  ambassadors 
were  regarded  as  personal  agents  of  the  Secretary  of  State,  to  be 
paid  out  of  his  purse. 

"  You  promised,  before  we  parted,  to  inform  me,  what  would  prob- 

1  A  mild  memorial  complaining  of  the  English  spoliations,  in  reply  to  which 
Grenville  advised  that  the  several  sufferers  should  prosecute  their  claims  in  the 
Admiralty. 


THE  TREATY'S  ADVENTURES.  233 

ably  be  required  by  you  for  your  expenditures  over  the  eighteen  thou 
sand  dollars  ;  that  I  might  lodge  a  proper  sum  for  you  in  Amsterdam. 
The  situation  of  that  place  makes  me  apprehensive  of  the  fate  of  some 
bills,  which  I  have  sent  thither  J  ;  and  exchange  is  so  high  upon  Lon 
don  that  it  seems  prodigality  to  purchase  London  bills.  However,  the 
thing  must  be  done  ;  but  I  must  beg  you  by  the  earliest  opportunity 
to  drop  me  a  line  upon  your  pecuniary  subject." 

The  next  note  also  is  a  curiosity  in  its  way. 

23  Dec.  1794. — "  My  respect  for  your  recommendation  of  Messrs. 
Talleyrand,  Beaumetz  and  Liancourt,  and  for  the  character  of  each  of 
them,  induces  me  to  write  you  the  reasons  why  I  have  not  been  able 
to  pay  them  that  attention  which  I  personally  wished.  It  was  a  fact 
unknown  to  you,  but  too  often  impressed  upon  me  indirectly  to  escape 
notice,  that  the  French  Republic  would  have  learnt  with  disgust  that 
they  had  been  received  by  the  President.  He  having  resolved  not  to 
receive  them,  I  held  it  to  be  my  duty  to  do  violence  to  my  individual 
regard  for  their  characters  by  merging  it  in  political  considerations.  I 
am  sure  therefore,  that  you  will  accept  this  letter  as  an  adequate 
apology  for  not  indulging  myself  on  this  occasion  with  a  demonstration 
of  my  esteem  for  your  recommendations.  I  have  not  failed  to  cause  to 
be  conveyed  to  them  the  favorable  sentiments  which  I  entertain  of 
their  worth. 

To  this  Jay  replies,  2  March  1795  : — 

"  I  am  much  obliged  by  your  private  letter  of  23  Deer  last,  on  the 
subject  of  the  Duke  de  Liancourt.  As  to  Messrs.  Talleyrand  and  Beau 
metz,  I  do  not  recollect  having  written  any  Letters  to  introduce  or  rec 
ommend  them  ;  and  therefore  presume  that,  (having  reed  Letters  of 
that  kind)  you  was  mistaken  as  to  their  having  been  from  me.a  There 
certainly  are  occasions  on  which  personal  ought  to  give  way  to  public 
considerations  ;  and  on  Reflection  I  am  satisfied  that  the  occasion  in 
question  was  of  that  nature.  Such  friendly  explanations  tend  to  pre 
serve  and  encrease  confidence,  and  to  confirm  those  sentiments  of  Re 
spect  and  Esteem  which  I  wish  to  cherish,  and  with  which  I  have  the 
honor  to  be  "  etc. 

The  treaty,  signed  19  Nov.  1794,  was  despatched  next  day  on 
the  Tankerville,  and  was  cast  into  the  sea  tp  escape  French  hands. 

1  Apprehensions  sadly  justified  in  the  end  ! 
8  The  letters  were  afterwards  said  to  have  been  written  by  Pmckney. 


234  EDMUND  RANDOLPH. 

On  Nov.  21  Jay  had  despatched  a  duplicate  by  Captain  Blaneyr 
a  Virginian,  whose  ship  was  also  overhauled  by  a  French 
privateer,  but  who  managed  to  conceal  the  treaty.  After  a 
stormy  voyage  it  arrived  in  Philadelphia  March  7,  and  for  three 
months  was  kept  secret  even  from  all  members  of  the  Cabinet 
except  Randolph. 

Randolph  writes  Jay  26  April  1795  : 

"  The  8th  of  June  is  fixed  for  the  meeting  of  the  Senate,  to  deliber 
ate  on  the  treaty.  It  has  remained  an  inviolable  secret  between  the 
President  and  myself.  Papers  are  prepared  to  accompany  it  to  the  Sen 
ate  ;  and  I  am  persuaded,  that,  when  I  tell  you  that  we  do  not  propose 
to  send  any  of  my  letters,  subsequent  to  the  receipt  of  the  two  projects 
on  the  nth  of  November,  you  will  appreciate  the  views  of  government, 
as  they  are  intended.  For  the  discussion  of  the  treaty,  we  ought  to  be 
provided  with  a  demonstration  of  our  conduct  towards  France,  and  an 
answer  to  the  questions  arising  upon  the  treaty  itself.  I  am  engaged  in 
both  these  points  ;  and  upon  the  latter  in  particular,  I  am  anxious  to 
confer  with  you." 

The  following  is  a  note  from  Mrs.  Jay  to  Randolph : 

"  Mrs.  Jay  presents  her  compts  to  Mr.  Randolph,  and  altho'  sensible 
that  gentlemen  of  business  should  be  spared  unnecessary  interrup 
tions,  yet  she  cannot  but  think  the  delicate  attention  he  has  shown 
(altho'  much  engaged  in  business)  to  her  peculiar  situation,  demands 
acknowledgment,  as  well  as  a  sensibility  of  the  politeness — she  therefore 
begs  his  acceptance  of  her  thanks  for  his  note  of  the  ipth  inst.,  as  well 
as  the  preceding  one.  New  York,  2ist  May,  1795." 

A  very  important  letter  from  Randolph,  May  30,  welcomed 
Jay  on  his  return. 

"  I  am  this  moment  honored  by  your  letter  of  the  28th  instant  ;  and 
am  extremely  happy,  for  the  sake  of  the  United  States,  yourself  and 
family,  that  you  have  returned  to  your  native  country.  This  is  an 
event,  for  which  I  have  been  anxious,  on  account  of  the  approaching 
discussion  of  the  treaty.  My  own  private  judgment  is,  I  confess,  made 
up  as  to  the  propriety  of  ratifying  it.  But  a  conference  with  you  would 
enable  me  to  present  to  those,  with  whom  I  may  converse,  views  more 
striking  than  those  which  have  originated  with  myself.  Had  you  ar~ 


DISAPPOINTING  ANSWERS.  235 

rived  sooner,  I  should  undoubtedly  have  visited  New  York,  that  I 
might  have  saved  you  the  trouble  of  an  immediate  journey.  But  the 
short  interval  between  this  day  and  the  8th  of  next  month  forbids  me, 
for  many  reasons  of  public  importance,  which  will  occur  to  you.  Some 
of  them  consist  in  the  eclat  of  so  rapid  a  journey,  and  the  possibility  of 
an  accident,  which  may  prevent  me  from  being  present  when  the  Sen 
ate  meets. 

"  As  a  substitute  for  a  personal  interview,  permit  me  to  hope  for  a 
reply  to  the  following  questions,  as  soon  as  your  fatigue  will  suffer  you 
to  take  up  your  pen. 

"  i  Were  the  views  of  G.  Britain  really  hostile  to  us,  when  you  ar 
rived  ? 

"  2.  Was  not  every  effort  made  to  shorten  the  time  for  the  surrender 
of  the  posts  ;  and  did  not  the  year  1796  appear  to  you  to  be  an  ultima 
tum  with  Lord  Grenville  ? 

"  3.  Was  it  indispensable  to  stipulate  for  the  prohibition  of  the  sale 
of  prizes  in  our  ports  ? 

"  4.  Does  the  treaty  prohibit  the  reexportation  of  West  India  com 
modities,  imported  from  the  French  islands  ? 

"5.  Is  not  the  adjustment  of  the  naval  depredations  placed  upon 
the  same  footing  as  the  adjustment  of  the  spoliations  of  the  Danish 
commerce  ? 

"  6.  What  time  will  be  necessary  for  completing  the  discussions  in 
the  admiralty  ? 

"7.  What  orders  may  be  expected  from  the  British  court  to  their 
cruisers,  for  preventing  the  impressment  of  our  seamen,  and  the  cap 
ture  of  our  property  in  case  of  a  ratification. 

"  These  queries  are  thrown  together  from  memory  only,  and  I  do 
not  undertake  for  their  accuracy.  Perhaps  I  may  trouble  you  again  a 
day  or  two  hence.  But  I  will  thank  you  to  add  what  you  heard  from 
France,  relative  to  the  Treaty. 

"  I  shall  take  no  copy  of  this  letter  and  you  will  be  pleased  to  con 
sider  it  only  as  proceeding  from  a  wish  to  give  effect  to  the  result  of 
your  labours,  and  not  to  be  placed  on  an  official  file." 

Jay's  answers  (Am.  State  Papers,  i.  p.  5-19)  were  not  reassuring-. 
English  hostility  was  virtually  admitted  and  palliated  ;  the  worst 
possibilities  of  the  treaty  were  confirmed ;  probabilities  of  redress 
for  spoliations  by  procedures  in  the  Admirality  minimized ;  and 
as  for  impressment  and  capture  of  American  property  by  cruisers, 


236  EDMUND  RANDOLPH. 

"such  orders,"  says  Jay,  "  may  be  expected  as  the  treaty  accord 
ing  to  its  intent  and  meaning  shall  dictate.  I  believe  it  will  be 
fairly  and  liberally  executed  unless  new  causes  of  irritation  and 
disgust  should  arise." 

What  Lord  Grenville's  interpretation  of  the  intent  of  the 
treaty  on  this  last  point  was  may  be  inferred  from  the  fact  that 
about  the  time  when  the  returned  envoy  was  writing  his  answers 
to  Randolph,  (June  i)  the  order  to  seize  provisions  on  American 
ships  was  issued.  No  new  cause  of  irritation  had  arisen.  It  is 
now  certain  that  Lord  Grenville  insisted  on  holding  our  north 
western  posts  until  1796,  and  now  renewed  the  captures,  in  order 
to  increase  inducements  to  ratify  the  treaty.  There  is  no  com 
plaint  to  be  made  against  his  lordship,  whose  ability  and  patriot 
ism  were  unquestionable.  He  rightly  judged  that  the  treaty 
could  not  be  ratified  in  America  except  under  compulsion.  His 
method  was  successful.  None  the  less  he  twisted  Jay  around  his 
finger  beyond  escape.  This  Randolph  now  realized.  He  believed 
the  Senate  and  President  bound  to  ratify,  as  a  matter  of  interna 
tional  "  propriety."  He  considered,  however,  that  the  House 
might  refuse  means  for  the  treaty's  execution, — little  dreaming 
that  the-  representative's  right  would  be  crushed  by  executive 
authority. 

Mr.  Jay's  answers  to  his  questions  convinced  Randolph  that 
the  treaty  should  be  ratified  only  with  exception  of  some  Articles. 
He  could  only  obtain  suspension  of  the  Twelfth,  relating  to  the 
West  Indian  trade.  This,  however,  was  a  momentous  excep 
tion.  Not  only  did  it  involve  the  rights  of  American  commerce, 
but  the  integrity  of  the  treaty  with  France.  Futhermore,  it 
must  naturally  reopen  negotiations,  with  a  possibility  of  mitiga 
ting  other  bad  features.  In  this  expectation,  also,  Randolph 
was  destined  to  disappointment. 


CHAPTER     XXIII. 

FAUCHET. 

FAUCHET  replaced  Genet  on  the  21  February  1794.  He  was 
thirty-one  years  of  age,  and  is  variously  described  in  French 
authorities  as  a  lawyer  and  a  strolling  player.  A  native  of  St. 
Quentin,  he  appeared  in  Paris  in  1792,  when  he  published  a 
pamphlet  defending  the  Revolution.  It  is  stated  that  in  the 
earlier  part  of  the  Reign  of  Terror  he  saved  several  lives.  He 
was  appointed  Minister  to  the  United  States  by  Robespierre,  and 
was  received  with  caution  by  the  President  and  Secretary  of 
State.  Gouverneur  Morris*  portraiture  of  the  ballet-queen 
Saunier  posing  as  a  goddess  of  Reason,  worshipped  with  incense 
from  the  burning  bones  of  saints,  amid  bloody  sacrifices,  had 
caused  a  reaction  in  the  minds  of  these  men  against  the  French 
Revolution  stronger  than  they  were  conscious  of.  Fauchet 
was  accompanied  by  Le  Blanc,  as  Secretary  of  Legation ;  a  man 
of  fifty  years,  previously  head  of  the  Police  Department  in  Paris. 
With  these  came  M.  de  Laforest,  as  Consul-General,  and  M.  Petrie 
as  Consul  at  Philadelphia.  Gouverneur  Morris  had  ascertained 
that  Fauchet  was  to  take  no  important  step  without  authority  of 
this  whole  Commission,  which  would  be  chiefly  swayed  by  La- 
forest  and  Petrie.  He  suggested  that  a  quasi-diplomatic  charac 
ter  be  accorded  these  consuls. 

On  the  23  February  1794,  Randolph  wrote  a  confidential  note 
to  Washington : 

"  E.  R.  took  occasion  last  evening  to  introduce  the  President's  in 
vitation  to  the  Minister  Fauchet,  omitting  the  consul,  with  a  view  to 

237 


238  EDMUND  RANDOLPH. 

ascertain  the  participation  which  the  latter  may  have  in  the  functions 
of  the  former.  It  was  quickly  ascribed  by  them  to  the  established 
etiquette,  without  any  title  being  urged  on  the  part  of  the  consul  from 
the  circumstance  of  having  a  diplomatic  connection.  But  from  the 
manner  in  which  they  spoke  ;  from  Petrie's  running  before  Fauchet  in 
very  confidential  intercourse  ;  and  from  a  very  animated  contest  be 
tween  them  whether  they  had  brought  over  a  paper  which  belonged  to 
the  ministerial  character  alone  ;  I  cannot  doubt  they  are  associated. 
Fauchet  did  not  see  Mr.  [Gouverneur]  Morris  before  his  departure  ; 
barely  gave  a  tolerable  account  of  his  not  doing  so  ;  was  ignorant  of 
the  name  of  his  residence, — he  said  that  he  understood  it  to  be  in  the 
country.  This  leads  me  to  suspect  that  something  is  to  come.  When 
Fauchet  speaks  of  Genet  he  slips  over  the  instructions  which  have 
been  published  as  lightly  as  possible,  saying  that  whatever  appearance 
of  truth  may  be  worn  he  knows  nothing  of  their  truth." 

In  a  later  note  (May  22)  Randolph  informs  the  President  that 
"  Fauchet  did  not  appear  to  know  Franklin,  nor  his  character,  nor 
yet  to  feel  any  attachment  to  him." 

However,  Fauchet  moved  the  President  by  his  expression  of 
his  country's  attachment,  and  the  President  declared  his  "  affec 
tionate  solicitude  for  the  success  of  the  Republic,"  with  "  great 
emphasis,"  asking  Randolph  to  repeat  his  words  in  French.1 

Fauchet  had  been  instructed  to  demand  that  Genet  should  be 
sent  to  France,  a  prisoner.  This  the  government  refused,  it  being 
certain  that  he  would  be  executed  for  having  incurred  the  dis 
pleasure  of  Washington  and  Jefferson.3  Another  demand  was 
the  recall  of  Gouverneur  Morris,  and  this,  in  view  of  the  prompt 
recall  of  Genet,  could  not  be  refused. 

Intimations  of  dissatisfaction  with  Morris  had  preceded  Genet 
to  America.  It  is  not  to  be  wondered  that  this  brilliant  and 
polished  ambassador,  who  had  been  such  a  favorite  with  the  king, 
should  suffer  disfavor  of  the  revolutionists.  Even  Thomas  Paine 

1  Writings  of  Madison,  II.,  3,  4. 

*  Genet  prudently  remained  in  America,  and  married  the  daughter  of  Gov. 
George  Clinton  ;  his  second  wife  being  a  daughter  of  Postmaster-General  Osgood. 
He  died  in  1834. 


MORRIS  AND  HIS  "COURT."  239 

was  too  conservative  for  them,  and  was  imprisoned.  Morris  also 
was  at  one  time  in  danger.  Randolph,  with  characteristic  man 
agement,  softened  for  Morris  an  inevitable  blow.  He  wrote  to 
the  President  (26  January  1794)  approving  of  much  of  Morris* 
correspondence  with  the  French  government,  and  expressing 
surprise — considering  the  complaints — at  finding  so  little  excep 
tionable.  "  He  speaks  indeed  of  his  court,  a  phrase  which  he 
might  as  well  have  let  alone." 

But  after  Genet's  recall  that  of  Morris  had  to  be  conceded. 
In  his  response  to  Fauchet,  21  April  1794,  Randolph  says:  "I 
beg  you  to  accept  this  measure  as  a  fresh  proof  of  our  sincere 
desire  to  maintain  friendship  with  your  nation  ;  and  to  assure  you 
at  the  same  time,  that,  as  no  delay  occurred  after  the  communi 
cation  which  you  have  made,  so  would  a  similar  communication 
have  been  complied  with  on  any  occasion,  and  in  relation  to  any 
person." 

The  delicacy  of  this  sentence,  both  towards  Fauchet  and 
Morris,  is  characteristic  of  Randolph's  despatches.  The  tender 
ness  with  which  he  recalled  Gouverneur  Morris  may  be  read  in 
their  correspondence  on  the  subject,  and  shows  the  perfect  liber 
ality  of  Randolph  towards  a  frank  political  opponent.  Morris 
was  of  the  same  spirit.  Randolph's  accession  to  the  State  De 
partment  had  greatly  pleased  him.1 

On  19  April  1794  Randolph  informed  Mr.  Jay  of  his  appoint- 

1  See  "  Letters  of  Gouverneur  Morris."  Edited  by  Anne  Gary  Morris,  1888.  In 
Sparks'  "Life  of  Gouverneur  Morris"  (vol.  II.,  pp,  391-25428)  may  be  noted  a 
contrast  between  Jefferson's  colorless  reference  to  his  successor  in  announcing  his  own 
resignation,  and  Randolph's  warm  tribute  to  his  predecessor.  And  Gouverneur 
Morris'  opinion  of  the  two  men  may  be  gathered  from  his  remark  (letter  to  Randolph, 
15  April  1794):  "  Permit  me,  my  dear  sir,  to  congratulate  you  on  your  appointment. 
It  is  honorable  to  you,  and  will,  I  believe,  be  useful  to  the  United  States.  ...  I 
flatter  myself  also  that  your  habits  of  attention  to  business  will  produce  a  more  active 
correspondence  with  the  public  servants  abroad."  That  this  is  not  a  mere  agent's 
compliment  appears  from  an  even  more  pointed  assertion  that  "the  United  States 
will  gain  by  the  change  in  your  department,"  written  after  his  recall  was  received. 
Sparks,  II.,  449.  See  Roosevelt's  "  Morris  "(Am.  Statesmen),  p.  292. 


240  EDMUND  RANDOLPH. 

ment  as  special  envoy  to  England.  Two  days  later  he  assures 
the  disturbed  Fauchet :  "  We  have  been  anxiously  seeking  a 
successor  [to  Morris]  who  may  be  as  acceptable  to  the  French 
republic  as  the  successor  of  Mr.  Genet  is  to  our  own."  The 
President  requested  his  secretaries  to  suggest  persons  for  this 
French  mission.  Among  those  presented  by  Hamilton  (19 
May  1794)  was  Edmund  Randolph.  The  man  most  urged  from 
outside  was  Aaron  Burr.  Against  him,  however,  Randolph  was 
resolute.  Livingston,  his  preference,  having  declined,  Randolph 
urged  Monroe.  On  26  May  1794  Randolph  verbally  offered 
the  mission  to  Monroe,  who  answered  that  he  could  not  permit 
his  name  to  be  proposed  in  opposition  to  Burr.  Randolph  de 
clared  Burr  out  of  the  question,  and  that  if  Monroe  should 
decline  the  position  it  would  be  offered  to  William  Paca,  of 
Maryland,  or  to  some  person  not  yet  mentioned.  Under  these 
circumstances  Monroe  accepted  the  post.1 

The  first  few  months  after  Fauchet's  arrival  covered  the 
period  of  supreme  anger  in  the  administration  against  England. 
The  despatches  to  Jay,  written  under  eye  of  the  President,  reveal 
his  anxiety  and  vexation,  as  every  day  brought  some  new  insult 
from  Lord  Dorchester  or  Hammond,  and  some  fresh  instance  of 
outrage  on  American  commerce.  Never  in  all  history  did  a 
nation  have  to  submit  to  such  humiliations  and  injuries  as  the 
United  States,  at  the  very  time  that  Jay  was  reporting  the 
friendly  sentiments  he  found  in  London.  The  President's  in 
structions  to  Monroe  were  :  "  Let  it  be  seen  that  in  case  of  a  war 
with  any  nation  upon  earth  we  shall  consider  France  as  our  first 
and  natural  ally."  In  this  spirit  he  had  welcomed  Fauchet.  So 
late  as  4  June  1794,  when  Fauchet  offered  the  interven- 
tion  of  his  government  to  relieve  "  the  truly  unhappy  situation  of 
your  commerce  in  the  Mediterranean  .  .  .  which  has  put  the  fin 
ishing  stroke  to  its  [the  British]  proofs  of  malevolence  towards 

1  This  interview  is  reported  in  an  unpublished  letter  of  Monroe  to  Jefferson,  May  27. 


FAUCHET  IMPECUNIOUS.  24! 

free  people,"  and  spoke  of  "  that  barbarous  regency,"  the  Presi 
dent  received  his  communication  with  gratification.  Replying  on 
6  June  1794,  Randolph  says  : 

"  The  letter  which  you  did  me  the  honor  of  writing  to  me  yesterday 
has  been  laid  before  the  President  of  the  United  States,  who  accepts  with 
pleasure  such  a  testimonial  of  your  attention,  and  whose  sentiments 
upon  the  great  subject  of  your  revolution  can  never  be  doubted. 
Your  other  letter  of  the  fourth  of  June  is  a  powerful  demonstra-r 
tion  of  the  interest  which  the  Republic  of  France  takes  in  our 
welfare." 

This  fourth  of  June  is  the  exact  date,  as  I  have  ascertained 
from  Paris,  of  Fauchet's  despatch  No.  3,  in  which  he  represents 
Randolph  as  saying  to  him  in  April  that  the  President  is  the 
mortal  enemy  of  England  and  the  friend  of  France,  and  that  the 
dark  manoeuvres  of  some  men,  who  wished  to  make  a  monarch  of 
him,  could  not  dissuade  him  from  pronouncing  with  vigor  against 
the  ministry  of  England.  Whether  they  were  said  or  not,  no 
words  could  have  been  truer  at  the  time,  however  inconvenient 
their  discovery  after  the  treaty  was  ratified. 

The  great  trouble  of  Fauchet  and  his  commission  was  impecu- 
niosity.  Within  three  weeks  after  his  assumption  of  office  he 
asked  the  Secretary  of  State  for  a  million  dollars, — the  debt  to 
France  being  then  $2,300,000.  Randolph  promised  him  $300,- 
ooo  in  September,  and  $200,000  in  November.  But  on  the  day 
after  (12  March  1794)  Fauchet  pleaded  personally,  and  Ran 
dolph  suggested  to  the  President  that  the  request  for  a  million 
might  be  submitted  to  Congress. 

"He  [Fauchet]  described  his  distress  produced  by  the  various 
drafts  of  the  French  consuls  with  great  force,  and  in  strong  colors,  and 
begged  that  he  might  be  permitted  to  state  it  on  paper.  This,  of 
course  could  not  be  opposed.  But  as  he  was  to  write,  I  asked  him  to 
say  whether  the  demand  of  a  million  dollars  did  not  exceed  the  pressing 
exigencies  of  the  moment.  He  assured  me  that  this  sum  actually  fell 
short  of  them.  .  .  .  The  French  debt  is  entitled  to  every  exertion  in  our 
power  to  relieve  the  embarrassments  of  the  French  government." 


242  EDMUND  RANDOLPH. 

There  are  other  letters  showing  Fauchet  at  the  Secretary's 
door  in  forma  pauperis. 

The  concessions  made  to  Fauchet  may  have  been  partly  due 
to  a  service  he  had  the  luck  to  render  on  his  arrival.  He  dis 
owned  the  proceedings  of  Genet  and  revoked  his  commissions  to 
American  citizens  against  Louisiana  and  the  Spanish.  This  en 
abled  the  Secretary  of  State  to  deal  effectually  with  Kentucky. 
The  President  was  relieved  by  this,  and  Fauchet  got  into  his  good 
graces.  Randolph  gave  the  new  Minister  credit  for  finer  quali 
ties  than  he  possessed,  and  conversed  with  him  at  first  without 
the  caution  presently  found  necessary.  It  would  appear  that 
Fauchet  also  got  into  the  good  graces  of  Monroe,  who  uttered 
with  freedom  those  criticisms  on  Hamilton  and  his  adherents 
which,  as  repeated  in  Fauchet's  famous  Dispatch  10,  recoiled 
on  Randolph,  the  Sebastian  of  all  arrows.  The  trouble  experienced 
by  the  President  from  the  "  democratic  societies,"  lent  plausibili 
ty  to  Fauchet's  apologies  for  the  excesses  of  the  Parisian  democ 
racy,  which  he  alluded  to  as  the  misfortunes  of  the  Republic 

But  this  amiability  did  not  continue.  Fauchet  was  a  shrewd 
and  suspicious  diplomatist,  and  knew  how  to  make  the  most  of 
American  obligations  to  France.  The  United  States  and  France 
being  both  without  any  fleet,  it  was  physically  impossible  for 
either  to  grapple  with  the  remorseless  cruisers  of  England  on  our 
coast,  where  no  sail  could  unfurl  without  British  permission.  The 
United  States  had  as  much  as  it  could  do  to  fulfil  even  technical 
ly  its  treaty-stipulations  with  France.  Fauchet  had  in  his  service 
Genet's  agents,  who  indoctrinated  him  with  the  theory  that  Jef 
ferson  was  restrained  from  doing  great  things  for  France  by 
Randolph's  inconstancy.  This  was  soon  confirmed.  Randolph 
would  not  bend  the  law  for  Fauchet  any  more  than  for  Jefferson 
or  Genet.  At  the  same  time  England,  backed  by  adequate  force, 
was  strictly  exacting  from  the  United  States  neutral  obligations 
which  rendered  it  impossible  to  reciprocate  the  services  France 


FA  UCHE  T  WKO  TH.  243 

had  rendered  in  the  Revolution.  This  was  a  cause  of  general 
soreness.  The  people  thought  tenderly  of  Lafayette,  without  al 
ways  remembering  what  he  and  Madame  Lafayette  had  suffered 
from  the  "  republic."  The  natural  French  theory  was  that  in  sup 
pressing  equipment  of  French  privateers  in  its  ports,  and  enlist 
ments,  the  United  States  was  ungratefully  violating  the  i/th 
Article  of  its  treaty.  Fauchet  became  angry.  Perhaps  he  was 
also  personally  jealous  of  the  English  ambassador,  whose  wealth 
was  displayed  beside  his  poverty.  The  imposing  reception  of  Jay 
by  the  king  and  queen  excited  French  jealousy.  Rumors  of  his 
commercial  negotiation  kindled  such  indignation  that  Monroe 
could  hardly  remain  in  Paris.  As  they  were  able  to  discern  from 
the  embarrassed  silence  of  Monroe  what  was — and  much  that  was 
not — going  on,  so  Fauchet  could  detect  it  in  the  triumphant  tone 
of  the  "  British  Party  "  in  Philadelphia.  To  the  bliss  of  these,  groans 
of  the  damned  were  essential.  They  did  not  conceal  their  happy 
relations  with  the  British  Minister.  Fauchet  was  so  indignant 
that  he  at  one  time  shook  the  dust  of  Philadelphia  from  his  feet 
and  found  some  Schuykill  juniper  to  sit  under.  His  jealousy  and 
anger  were  shared  by  a  majority  of  the  American  people,  who 
regarded  Jay's  mission  as  kissing  the  rod  which  fell  equally  on 
France.  The  "democratic  societies"  multiplied,  and  answered 
the  secrecy  of  the  government  with  strategies  of  their  own. 
When  insurrection  flamed  out  on  the  Ohio,  the  "  British  Party  " 
attributed  it  to  the  seditious  influence  of  the  societies,  the 
"French  Party"  to  machinations  of  the  English.  Washington 
and  Randolph  believed  it  due  to  both.  Such  was  also  the  belief 
of  Congress.  Jay  was  officially  informed  that  General  Wayne 
fully  expected  to  meet  English  soldiers  among  the  Pittsburgh 
rioters. 

There  was  little  sympathy  in  Randolph's  breast  with  the  course 
of  France  just  then.  "  There  is  great  reason  to  fear,"  he  writes, 
"  that  the  French  are  making  rapid  strides  towards  Amsterdam, 


244  EDMUND  RANDOLPH. 

notwithstanding  the  interruption  which  Breda  and  Maestricht  are 
likely  to  give  them."  Probably  Fauchet  recognized  the  reaction 
caused  by  the  ferocities  in  Paris  and  the  military  ambitions  dis 
played.  At  any  rate  he  had  become  alarmingly  suspicious  and 
morose — not  without  some  reason,  be  it  admitted — and  Washing 
ton  warned  Monroe  of  what  might  be  reported  to  his  (Fauchet's) 
government.  "  The  French  Republic  to  be  kept  in  a  good 
humor!  "  Such  were  the  President's  words  to  Monroe,  who  was 
hardly  able  to  stay  in  France,  much  less  restore  its  good  humor. 

In  pursuance  of  like  instructions,  Randolph  was  applying  to 
Fauchet  what  syrup  might  still  exude  from  the  cherry-tree  of 
veracity.  That  Frenchman's  sharp  pen  sheathed  a  potential 
sword.  For  a  time  the  Secretary  was  successful ;  but  compli 
cations  ensued  ;  soft  words  could  not  stop  British  cruisers.  Fau 
chet  attempted  to  ship  gunpowder  to  France  under  passports  of 
the  United  States.  Randolph  had  to  call  him  to  account  for  it. 
Fauchet  protests  that  he  knows  nothing  of  it  and  that  he  has 
never  abused  the  indulgence  of  the  government, — "  indulgence  au 
surplus  dont,  vous  le  savez  bien,  je  n'ai  profite  qu'apres  que  les 
agens  des  puissances  avec  les  quelles  la  Republique  Frangaise  est 
en  guerre  en  ont  profite  euxmemes,  indulgence  qui  a  procure  aux 
anglais  et  aux  espagnols  des  recrues  frangaises  dans  les  colons 
qui  ont  £te  transporters  sur  des  vaisseaux  ameVicains  pendant  le 
terns  de  1'embargo  aux  lies  que  la  perfidiere  allait  defendre."  * 

Fauchet's  tone  became  increasingly  shrill  after  this.  On  the  26 
Aug.  1 794  he  wrote  to  Randolph  complaining  of  wrongs  generally, 
and  of  a  new  one  at  Newport,  where  the  customs  officers  had 
seized  from  the  French  Sanspareil  its  lawful  prize,  the  Perseverance. 
He  reminds  the  Secretary  of  State  that  a  letter  he  (Fauchet)  had 
written  to  him  "  requesting  indemnity  for  the  ship  William,  which 
has  been  suffered  to  decay  in  the  port  of  Philadelphia,  upwards  of 
a  year,  for  the  want  of  a  decision,  remains  without  an  answer." 

1  From  a  letter  of  "  4  Messidor,"  (3  July)  1794. 


FAUCHET  TOTTERS.  24$ 

Ten  days  after  this,  perhaps  not  expecting  the  restoration  of  the 
Perseverance,  which  was  made,  Fauchet  wrote  home  his  despatch 
No.  6,  saying  that  the  Secretary  of  State  had  made  an  overture  to 
him  concerning  the  use  of  French  money  to  defeat  British  machi 
nations  and  save  the  country  from  civil  war. 

In  April  1794,  when  the  announcement  of  Jay's  mission  had 
aroused  the  susceptibilities  of  Fauchet,  the  President  had  directed 
Randolph  to  confide  to  that  minister  the  part  of  Jay's  instructions 
declaring  the  inviolability  of  the  engagements  of  the  United  States 
with  France.  The  possession  of  an  extract  which  Fauchet's  em 
ployes  and  Monroe  had  vainly  sought  to  obtain  in  Europe,  was  a 
diplomatic  achievement  which  the  Frenchman  naturally  made  the 
most  of.  This  was  done  in  despatch  No.  3.  But  the  hopes  held  out 
in  that  despatch  had  been  disappointed.  The  humiliated  minister 
had  been  able  to  report  only  failure  of  all  attempts  to  withstand 
British  cruisers  and  the  influence  of  Hammond,  whose  means 
were  unlimited.  At  this  moment  of  vexation,  and  of  cynical  in 
difference  to  Randolph's  fate, — if  not  indeed  with  intent  to  injure 
him, — Fauchet  wrote  Despatch  6,  whose  date,  as  I  learn  from 
Paris,  is  5  Sept.  1794. 

This  despatch  appears  to  me  a  transparent  effort  to  get  cash 
from  his  government.  That  Fauchet  could  have  done  more 
for  his  country  if  less  straitened  in  means  is  certain.  To  be  a 
pauper  at  the  moment  of  competition  with  the  resources  of  Ham 
mond  was  a  sufficiently  unhappy  position.  Fauchet's  communica 
tions  being  necessarily  with  the  Secretary  of  State,  it  was  natural 
that  he,  otherwise  inadequate  to  French  demands,  should  be  util 
ized  to  draw  to  America  part  of  the  moneys  with  which  France 
was  just  then  purchasing  friends  in  Europe.  The  money  did  not 
come,  however,  but  tidings  of  Robespierre's  fall  did,  and  forecast 
of  Fauchet's  recall.  The  recall  however  did  not  arrive  until  his 
relations  with  Randolph  had  become  much  more  embittered.  On 
7  Sept.  1794  Randolph,  in  answer  to  an  outrageous  letter,  re- 


246  EDMUND  RANDOLPH. 

minded  Fauchet  of  Genet's  fate,  and  in  doing  so  hastened  his 
own.  Fauchet's  venom  culminated  in  Despatch  10,  which  even 
had  it  not  been  intercepted,  would  probably  have  returned  on 
Randolph's  head. 

Rumor  of  Robespierre's  execution  in  July  reached  America 
early  in  October  1794.  On  Oct.  9  Randolph  writes  the  President : 
41 1  endeavored  to  throw  myself  in  Mr.  Fauchet's  way  yesterday 
without  effect,  for,  at  so  delicate  a  moment,  our  interview,  if  Ro 
bespierre  should  become  the  subject,  must  be  perfectly  acciden 
tal.  If  Robespierre  is  no  more,  Fauchet  totters."  Eight  days 
later : 

"  It  is  circulated  here  [Philadelphia]  that  Mr.  Fauchet  has  de 
clined  doing  any  business  until  he  shall  learn  his  real  position  under 
the  new  turn  of  French  affairs.  I  have  not  been  able  to  see  him,  as  he 
is  said  to  be  confined  in  the  country  by  a  bad  leg.  The  late  abominable 
sacrifice  of  females  in  Paris  led  me  to  inquire  after  Madame  de  Lafay 
ette.  I  can  hear  nothing  of  her  except  a  pretty  general  agreement  that 
as  she  was  arrested  some  time  ago  she  must  have  fallen." 

Oct.  1 8  :  "  Since  I  wrote  yesterday  Mr.  Fauchet  has  resumed 
by  letter  business  of  the  smaller  kind  with  my  department." 

Fauchet's  bad  leg  may  have  brought  him  the  leisure  to  write 
his  elaborate  Despatch  10,  without  improving  its  moral  tone.  It 
was  dated  Oct.  31.  Fauchet's  recall  had  not  come  ;  this  despatch 
was  calculated  to  delay  it.  Randolph's  allusion  to  Genet's  end 
had  a  good  effect  on  his  behavior,  however  much  it  rankled 
within.  But  when  it  leaked  out  that  the  treaty  was  signed  by 
Jay  and  was  favorable  to  England,  Fauchet  accused  Randolph  of 
having  deceived  him.  An  outwitted  diplomate  must  of  course  be 
recalled.  The  President  was  anxious  as  to  what  representations 
he  might  make  in  France.  But  not  until  after  his  recall,  in  Feb 
ruary  1795,  was  the  hostility  of  Fauchet  to  the  President  and 
himself  suspected  by  Randolph. 

From  its  stormy  voyage  of  three  and  a  half  months,  the 
treaty  entered  on  its  career,  in  an  atmosphere  which  secrecy 


INTERCHANGE   OF  FLASHES.  247 

made  sultry  with  suspicion.  Two  months  before  publication 
evoked  the  general  storm,  sharp  flashes  were  exchanged  between 
the  French  Minister  and  the  Secretary  of  State.  On  May  2 
Fauchet  writes: 

"  She  [France]  sees  her  enemies  admitted  to  an  intimacy  with  you 
at  the  moment  in  which  your  commerce  and  your  sovereignty  are  alike 
insulted  by  them.  ...  I  cannot  entirely  pass  in  silence  transactions  to 
which  the  Republic  is  no  stranger,  because  they  are  directed  against 
her.  .  .  .  Examine,  I  pray  you,  sir,  whether  this  neutrality  can  be  said 
to  exist  when,  on  the  one  hand,  you  can  no  longer  maintain  your  trea 
ties,  and,  on  the  other,  you  are  obliged  to  abandon  your  relations  exclu 
sively  to  the  discretion  of  England,  who,  doubtless,  will  soon  declare 
all  the  universe  blockaded  except  her  possessions.  What  account  do 
you  conceive  I  can  render  to  the  French  government  of  the  means 
you  take  for  rendering  your  neutrality  respectable  ?  Yet  on  that  my 
instructions  insist,  and  it  is  on  that,  more  especially,  that  France  is 
uneasy.  I  shall  not  remind  you  of  the  conversations  which  I  have  had 
the  honor  of  having  with  you  on  this  subject,  still  less  should  I  call 
to  your  recollection  the  verbal  promises  which  you  have  repeatedly 
made,  especially  at  a  certain  period  of  a  more  honorable  state  of 
things." 

On  May  23  Randolph  returns: 

"  I  repeat  in  the  name  of  the  President  the  promises  which  I  ad 
mit  myself  to  have  often  made  to  you,  that  our  treaties  with  France 
shall  be  sacred.  No  nation  upon  earth  can  control  our  will,  unless 
preceding  engagements  be  violated.  To  save  the  rights  of  the  French 
republic  was  an  ultimatum  in  the  instructions  of  our  envoy.  .  .  .  We 
confide  that  the  wisdom  and  magnanimity  of  the  French  republic, 
which  resisted  past  machinations  to  disturb  our  harmony,  will  receive 
with  caution  suspicions  which  may  be  hereafter  thrown  on  our  fidelity. 
For  her  happiness  we  pray,  and  may  our  connection  be  perpetual." 

This  second  allusion  to  Genet,  with  whom  Fauchet  was  be 
lieved  to  be  now  in  league,  elicited  in  reply : 

"  I  cannot  believe  that  the  President  had  me  in  view  when  you  in 
sinuate,  on  his  part,  that  endeavors  are  still  making  to  injure  the  har 
mony  existing  between  the  two  nations.  Still  less  can  I  admit,  not- 


248  EDMUND  RANDOLPH. 

withstanding  some  of  your  expressions,  that  your  object  was  to  inspire 
me  with  fear  as  to  the  manner  in  which  I  have  conducted." 

It  will  be  remembered  that  Genet  remained  in  America  to 
escape  probable  execution  in  France.  Fauchet  had  been  recalled 
four  months  before  this  last  letter  was  written  (June  8) ;  and 
Randolph  closes  his  last  official  letter  to  him,  June  13,  with  the 
following  words : 

"  As  you  again  disclaim  an  approbation  of  Mr.  Genet's  excesses,  so 
am  I  not  scrupulous  to  confess  that  I  should  not  have  recurred  to  them 
had  I  not  inferred  from  your  letter  an  inclination  to  bring  them  up 
with  some  share  of  countenance  to  them.  But  this  being,  as  you  in 
form  me,  the  moment  of  our  official  separation,  I  am  compelled  by 
candor  to  intimate  to  you  what,  under  other  circumstances,  would  have 
been  stated  to  you  more  formally  and  minutely.  The  citizens  of  the 
United  States  have  a  right,  and  will  exercise  the  right,  freely  to  inves 
tigate  the  measures  of  government.  A  foreign  minister  has  a  right  to 
remonstrate  with  the  Executive  to  whom  he  is  accredited,  upon  any  of 
these  measures  affecting  his  country.  But  it  will  ever  be  denied  as  a 
right  of  a  foreign  minister,  that  he  should  endeavor,  by  an  address  to 
the  people,  oral  or  written,  to  forestall  a  depending  measure,  or  to  de 
feat  one  which  has  been  decided.  This  remark  is  made  now,  because 
it  cannot  be  erroneously  wrested  into  a  defense  or  outwork  of  the 
treaty  with  Great  Britain  ;  and  because  it  is  an  assertion  of  the  sov 
ereignty  of  the  United  States,  consistent  with  what  is  past  and,  we 
trust,  not  likely  to  be  contradicted  hereafter." 

The  treaty  was  shown  to  Fauchet,  in  good  time,  before  its 
submission  to  the  Senate  (June  8).  It  passed  the  Senate,  con 
ditionally,  June  24.  A  "  Memorandum  of  facts  to  be  recorded" 
(27  June  1795),  in  Randolph's  writing,  states  that,  on  the  8 
June  1795,  Fauchet  wrote  requesting  that  the  vote  of  the  Senate 
on  the  treaty  should  be  suspended  until  his  successor  (Adet) 
should  arrive,  and  impart  his  instructions.  The  letter  was 
communicated  to  the  President  on  the  same  day,  "  and  it  did 
not  seem  advisable  to  take  any  measures  upon  that  subject 
then."  On  June  13  Adet  arrived,  and  took  lodgings  in  Phila- 


A    DEFENSIBLE   RECORD   MARRED.  249 

delphia.  On  June  15  Fauchet  accompanied  him  to  Randolph's 
house. 

"  On  the  next  day  I  returned  Mr.  Adet's  visit ;  and  as  we 
were  walking  together  in  the  garden  at  Aellers's  hotel,  about  a 
quarter  before  two,  he  informed  me  that  he  should  send  me,  the 
next  day,  some  act  of  the  French  government  relative  to  com 
merce." 

Nothing  having  arrived,  he  (Randolph)  visited  Adet  June  22, 
and  alluded  to  the  expected  enclosure.  "  He  said  that  it  was 
copying,  and  gave  me  reason  to  suppose  that  he  should  forward 
it  on  that  day."  Nothing  was  forwarded.  On  June  23  he  accom 
panied  Adet  to  the  President's  room,  and  informed  him  that  the 
Senate  would  rise  the  next  day.  "  But  I  have  not  at  this  moment 
received  from  Mr.  Adet  any  other  communication  of  business, 
than  what  is  stated  above.  The  Senate  rose  about  12  o'clock 
yesterday"  (June  26). 

The  vessel  on  which  Fauchet  sailed  for  France  was  waylaid 
by  an  English  ship,  and  he  left  it,  taking  his  papers,  at  Stoning- 
ton.  It  was  overhauled  near  Newport,  with  the  hope  of  finding 
Fauchet  and  his  papers  on  board.  The  United  States  promptly 
punished  those  who  committed  and  connived  with  this  affair. 
Thus  Fauchet  presently  sailed  back  to  France  a  living  witness  of 
the  promptness  with  which  the  President  had  avenged  an  outrage 
on  the  flag  of  France,  as  well  as  its  own. 

Indeed  the  United  States  had,  by  Randolph's  skill,  made  a 
defensible  record  towards  France,  up  to  the  hour  when  the 
British  treaty  was  signed.  Insomuch  that  in  1797,  when  war 
like  recriminations  supervened,  Pickering,  the  Secretary  of 
State,  who  had  laid  Randolph  low  and  got  his  pla*e,  planted  him 
self  absolutely  on  the  record  with  which  his  fallen  predecessor 
had  surrounded  the  President  as  with  a  fortress.  He  proved  his 
every  point  by  an  appeal  to  Randolph's  actions  and  despatches, 
and  in  no  case  was  any  one  of  these  disowned.  He  (Pickering) 


EDMUND  RANDOLPH. 

proved  that  Randolph  had  done  perfect  justice  to  France  in  every 
particular ;  that  he  had  urged  a  commercial  treaty  with  France  ; 
that  he  had  communicated  to  the  French  Minister  so  much  of 
Jay's  instructions  as  candor  and  propriety  required ;  that  his  legal 
course  with  regard  to  cruisers  and  prizes  was  always  just  and  wise. 
Sic  vos  non  vobis.  While  all  this  was  being  done  and  said,  Ran 
dolph  was  in  disgrace,  and  Fauchet  was  at  home  serenely  writing 
a  philosophical  pamphlet  about  the  United  States. 


CHAPTER  XXIV. 

MS.   BY   WASHINGTON. 

THE  following  resumt  of  Randolph's  despatches  to  Monroe, 
is  an  unpublished  MS.  in  Washington's  handwriting  : 

"  25th  September  1794. — Relative  to  the  case  of  spoliations  ;  and 
the  embargo  at  Bordeaux  ;  discontents  occasioned  thereby.  Case  of 
the  ship  Laurens  particularly  referred  to  ;  also  the  ship  Fame. 

"  A  detail  account  of  the  Western  Insurrection.  Measures  taken  to> 
suppress  it.  The  effect  of  Commissioners,  who  were  sent  among  them, 
and  the  general  sense  of  the  people,  reprobating  the  conduct  of  the 
Insurgents. 

"  He  is  anxious  to  hear  from  him.  Mr.  Le  Blanc  is  the  bearer  of 
oral  commns.  wch.  Mr.  Fauchet  would  not  commit  to  writing,  must 
therefore  be  important.  Fauchet  supposes  that  there  is  British  influ 
ence  prevailing  in  some  members  of  the  government.  He  [Monroe  J 
has  the  means  to  confront  this.  Mr.  Jay  restricted.  Does  not  expect 
compensation  for  spoliations,  nor  the  surrender  of  the  posts.  The 
French  Republic  to  be  kept  in  good  humor. 

"  Spain,  by  a  similar  conduct  to  that  of  G  :  B  :  has  imposed  the 
necessity  of  sending  an  Envoy  extraordinary  to  her.  They  cooperate, 
cordial  in  their  hatred,  and  agreed  to  employ  the  Indians  against  us. 

"  2d  December,  1795.' — Rec'd  his  letter  of  the  i$th  of  Septr.  last, 
the  only  official  note  of  his  having  entered  upon  the  duties  of  his  office. 

"  Duvernet  superceded.  Pitcairn  appointed  consul  in  his  place  at 
Paris. 

"  His  [Monroe's]  speech  to  the  National  Convention  is  disapproved 
on  account  of  the  place  where  it  was  delivered — in  the  National  Hall 
— the  publicity  of  some  expressions  which  were  contained  therein  as 
coming  from  the  representative  of  a  neutral  power  being  liable  to 
give  offence  to  the  enemies  of  France  ;  particularly  G.  Britain,  with 

1  Error  for  1794. 
251 


EDMUND  RANDOLPH. 

whom  we  were  then  negotiating  ;  &  whom  it  was  known  had  sus 
picions  of  our  attachments  to  France  to  her  prejudice. 

"  He  is  still  to  cultivate  the  good  will  of  the  French  government, 
these  remarks  having  no  other  objects  than  to  recommend  caution.  .  .  . 

"  Many  of  Mr.  Fauchet's  discontents  are  removed,  the  documents 
concerning  the  failure  of  the  salute  &  supposed  insult  to  the  favorite 
are  transmitted. 

"  i3th  February,  1795. — Concern'd  at  the  recall  of  Mr.  Fauchet  from 
the  change  in  France — Their  Ministers  here  should  lay  aside  all  Intri 
gue. 

"  Expect  he  has  done  all  he  can  to  strengthen  the  friendship  be 
tween  the  two  Nations — Every  thing,  on  our  part,  is  done  for  this  pur 
pose — proof,  Mr.  Fauchet,  by  a  legislative  act  is  enabled  to  anticipate 
the  installments  of  the  French  debt. 

"  The  Minister  here,  &  the  French  nation,  may  have  been  urged  to 
believe  that  the  treaty  with  G  :  B  :  interferes  with  our  engagements 
to  France.  It  is  not  come  to  hand.  But  the  Instructions  to  Mr.  Jay  for 
bid  this  : — surrender  of  the  posts,  spoliations  on  our  commerce,  and 
British  debts  are  the  principal  heads  in  wch.  France  can  have  no  con 
cern.  Commercial  may  also  be  regulated,  wch.  you  may  mention. 
France  will  enjoy  all  the  advantages  of  the  most  fav'd  nation  &  we 
have  been  long  ready  to  discuss,  &  settle  new  commercial  arrange 
ments  with  France — but  none  have  been  proposed." 

"  8th  March,  1795. — Last  night  the  treaty  with  G.  Britain  arrived.  It 
will  remain  undivulged  until  the  meeting  of  the  Senate,  the  8th  of 
June.  Mr.  Fauchet  is  uneasy,  but  upon  what  grd.  is  not  known.  Posts, 
spoliations,  cannot  require  war  instead  of  negotiation,  &  if  it  did  we 
are  the  judges.  Our  trade  also  be  regulated  by  any  treaty  that  does  not 
derogate  from  the  rights  of  other  nations.  Nothing  of  this  is  perceived 
(in  a  cursory  reading  of  the  present  one)  and  you  know  Mr.  Jay  was 
instructed  not  to  weaken  our  engagements  with  France.  He  is  not  to 
judge  from  what  has  been  said  that  the  treaty  will,  or  not  be  ratified." 

Randolph's  despatch  to  Monroe  of  I  June  1795,  may  be  read 
in  Monroe's  history  of  his  mission,  where  it  occupies  26  pages. 
Washington's  abstract  of  it  is  therefore  omitted  here  with  excep 
tion  of  the  closing  part : 

"  Mr.  Monroe  seems  to  think  that  he  has  been  deceived,  because  he 
was  not  told  in  explicit  terms  that  one  of  the  objects  of  Mr.  Jay's  mis 
sion  was  a  Treaty  of  Commerce  ;  when  this  was  an  eventual  measure 


THE  PRESIDENT  UNDECIDED.  2$$ 

only,  and  might  have  been  inferred  from  the  previous  communications 
which  had  been  made  to  Congress.  This  idea  of  his,  is  treated  as  er 
roneous  &  improper,  &  reasons  assigned. 

"  By  this  time  it  is  supposed  he  must  be  (thro*  Mr.  Trumbull)  made 
acquainted  with  the  Treaty  ;  &  must  have  determined,  in  his  own 
mind,  the  probable  effect  it  has  had  upon  the  French  Republic.  Rati 
fied  or  rejected,  he  will  receive  an  immediate  &  copious  communica 
tion  of  the  result,  especially  in  relation  to  his  inquiry,  whether  the 
Treaty  affords  just  cause  of  offence  to  France.  At  present  this  is 
waved,  in  consequence  of  information  that  the  French  Minister  is  con 
certing  an  attack  on  the  ratification  and  that  sentiments  no  less  eccen 
trie  than  fatal  to  our  independence  are  to  be  scattered  at  random,  from 
a  confidence  in  the  popularity  in  the  F.  cause. 

"  Be  the  issue  what  it  may,  we  shall  neither  renounce  our  profes 
sions,  nor  conduct  towards  France,  nor  ascribe  to  it,  the  intemperance 
of  its  agent  here.  But  you  ought  to  put  the  government  on  its  guard. 
A  late  letter  from  him  bears  every  symptom  of  an  inflamed  mind.  The 
answer  to  it  (which  will  accompany  this  letter)  is  our  refutation.  We 
acknowledge  nothing  to  be  undone  on  our  part  wch.  friendship  would 
dictate,  our  faculties  could  accomplish,  and  our  neutrality  would 
permit." 

"The  foregoing  letter,"  adds  Washington,  "goes  much  more 
into  detail  than  is  here  extracted ;  and  contains  an  important 
exposition  of  facts  interesting  to,  and  worthy  of  being  known  to 
the  public  ;  to  show  how  different  the  conduct  of  this  govern- 
ment  towards  France  has  been  from  the  assertions  and  writings 
of  those  who  have  endeavored  to  sow  the  seeds  of  jealousy  and 
discontent  between  them." 

The  preceding  letters  were  written  under  the  eye  of  the  Presi 
dent.  He  left  for  Mount  Vernon  July  15,  and  returned  August 
II.  The  two  letters  following,  written  in  his  absence,  were  placed 
in  his  hands  on  Aug.  13.  The  abstracts  of  both  are  in  Washing 
ton's  handwriting. 

"  2ist  July  1795. — Want  of  precedent,  for  such  a  mode  of  ratification 
as  has  been  advised  by  the  Senate — doubts  whether  they  meant  to  sit 
in  judgment  upon  it  again,  upon  the  article  to  be  added.  Whether  the 
President  can  ratify  without  re-submitting  the  new  article  to  them  ; 


254  EDMUND   RANDOLPH. 

whether  he  can  ratify  before  he  himself  inspects  the  new  article,  after 
it  shall  have  been  assented  to  by  the  British  King ;  and  what  effect  the 
suspension  of  the  i2th  Article  will  have  upon  all  those  subsequent  to 
the  loth  ;  created  difficulties  and  delays,  even  independent  of  the  Real 
merits  of  the  Treaty. 

"  The  Newspapers  show  the  unpopularity  of  the  Treaty  at  Boston  ; 
the  same  at  New  York  the  day  before  yesterday,  and  probably  in 
Philadelphia  to-morrow,  and  will  travel  perhaps  further.  The  Friends 
of  the  Treaty  complain  that  the  condemnations  of  it  proceed  from  un 
fair  practices.  Upon  this  he  can  say  nothing  as  yet,  but  will  await 
till  some  counter  assemblies  wch.  are  said  to  be  contemplated  shall 
have  published  their  appeal  to  the  world. 

"When  I  inform  you  that  the  President  has  not  yet  ratified  the 
Treaty  ;  his  character  will  convince  you  that  nothing  will  deter  him 
from  doing  what  he  thinks  right  and  that  the  final  question  lies  open 
from  causes  unconnected  with  any  considerations,  but  the  interests  and 
duties  of  the  U.  States.  He  is  at  present  in  Virginia,  and  will 
doubtless  very  soon  take  his  conclusive  step.  If  I  were  permitted  to 
conjecture,  what  that  would  be  ;  I  should  suspect,  that  at  any  rate  he 
would  not  sign  it,  until  it  should  return  from  England  with  the  addi 
tion  of  the  suspending  article  ;  and  probably  not  even  then,  if  a  late 
British  order  for  the  capture  of  Provisions,  going  to  France  should 
have  been  issued  as  we  suppose,  and  increase  the  objections,  which 
have  been  lavished  upon  it. 

"  The  present  may  well  be  considered  as  a  crisis.  If  no  ratifica 
tion,  the  result  with  G.  Britain  is  not  so  easily  foreseen.  If  ratified, 
the  result  in  our  own  country  is  involved  with  many  delicate  and 
hazardous  topics. 

U29th  July  1795. — This  letter  ought  to  reach  you  as  early  as  Mr. 
Fauchet's  arrival ;  being  thoroughly  persuaded  that  he  has  wrapped 
himself  round  with  intrigue,  from  the  first  moment  of  his  career  in 
the  U.  States.  He  found  in  me  a  temper  in  no  wise  turned  towards 
Britain,  but  warm  towards  France  ;  affected  a  confidence  in  me,  com 
municated  machinations  in  New  York  against  Govr.  Clinton  &  my 
self — Mr.  Hammond  &  some  of  our  own  countrymen  the  authors 
of  them  ;  asserted  his  conviction  that  Mr.  La  Forest  was  perfidious, 
&  confederated  with  the  enemies  of  France  ;  expressed  disgust  against 
Genet ;  pretended  great  attachment  to  the  President.  The  reverse  of 
all  this  is  now  fixed  upon  my  mind.  His  chief  associates  have  been, 
the  enemies  of  the  Government  and  of  the  administration.  His  con- 


MONROE  WARNED.  2$$ 

versation  steadily  hostile  to  the  Executive,  believes  he  has  been  in 
strumental  in  many  of  the  printed  attacks  upon  it.  Is  in  close 
league  with  Genet,  has  plotted  how  to  embroil  this  country  with 
France,  and  under  the  charges  against  La  Forest  has  endeavoured  to 
procure  some  information  from  some  members  of  the  Executive  to 
whom  he  has  resorted.  I  was  not  one  of  them. 

"  Since  his  departure  he  has  reason  to  suppose  he  put  into  the 
hands  of  Bache  a  declaration  that  I  told  him  a  Treaty  of  Commerce 
was  no  part  of  Mr.  Jay's  mission.  Denys  this.  A  counter  declara 
tion  is  enclosed.1 

"  For  months  before  Mr.  Fauchet  left  this  he  absented  himself  from 
the  ordinary  respect  to  the  President.  He  except  on  business  rarely 
saw  him.  Having  no  letters  of  recall  he  could  not  be  presented  in 
form  to  the  President  but  had  an  opportunity  given  him  informally  to 
take  leave  as  he  seemed  to  wish  it.  On  this  occasion,  he  dealt  out  his 
assurances  of  veneration  to  the  chief  Magistrate,  &  attachment  to 
ye  Secy,  of  State. 

"  Supposing  he  wanted  an  exculpatory  letter  for  pledging  the  public 
purchases  of  flour  ;  &  his  having  intimated,  that  he  expected  some 
thing  complimentary  in  answer  to  his  having  announced  the  arrival  of 
his  successor,  he  was  promised  a  letter,  but  the  Presidt.  was  to  be 
consulted.  This  however  was  not  done,  and  it  is  doubted  whether 
Mr.  Fauchet  had  not  forfeited  his  title  even  to  a  letter  of  ceremonious 
civility.  The  object  of  this  statement  is  to  remove  any  impression  of 
a  failure  in  a  point  of  propriety." 

1  8  July  1795.     Am.  State  Papers,  vol.  I.  (Foreign  Relations.) 


CHAPTER   XXV. 

A  FATAL  VICTORY. 

THE  British  Treaty  was  a  national  humiliation.  Its  ratifica 
tion  was  an  admission  that  Downing  Street  was  still  master  of 
Independence  Hall. 

"  The  objects  in  view  in  opening  a  negotiation,  with  Mr.  Jay  as 
special  envoy,  were  as  follows  : 

"  (i)  The  vacating  by  the  British  authorities  of  the  border  ports  on 
United  States  Territory,  including  Fort  Erie,  Detroit,  Oswego,  and 
Michilimackinac,  which  they  still  held  in  defiance  of  the  treaty  of 
peace,  and  which  they  used,  not  only  to  retard  the  progress  of 
United  States  settlement  in  those  quarters,  but  to  keep  the  adjacent 
Indian  tribes  in  subjection  to  Great  Britain  and  in  hostility  to  the 
United  States.  (2)  The  recognition  of  the  maxim :  '  Free  ships 
make  free  goods.'  (3)  The  establishing  of  a  restricted  system  of 
contraband.  (4)  The  placing  of  Great  Britain  on  a  position  of 
equality  with  France  so  far  as  concerns  belligerent  rights,  and  so  far  as 
it  could  be  done  consistently  with  the  treaty  with  France.  (5)  The 
surrender  of  impressment.  (6)  The  opening  of  the  West  India  trade. 
(7)  The  surrender  of  the  rule  that  no  trade  could  be  allowed  to  a 
neutral  in  war  which  he  could  not  carry  on  in  peace. 

"(i)  The  first  of  these  proposed  concessions  was  the  only  one 
which  was  obtained,  and  it  was  granted  in  a  way  peculiarly  un 
gracious.  The  treaty  of  peace  required  an  immediate  surrender  of 
these  ports.  Great  Britain  refused  to  surrender  them,  and  made  them 
the  basis  of  unjustifiable  encroachments  on  the  United  States.  Jay's 
treaty  not  only  condoned  this  outrage,  but  permitted  the  ports  to  be 
held  by  Great  Britain  until  June,  1796. 

"(2)  So  far  from  '  free  ships  and  free  goods'  being  recognized,  it 
was  agreed,  in  gross  contravention  of  the  treaty  of  alliance  with 

256 


PALTRY  FAVORS  HIGH-PRICED. 

France,  that  French  goods  in  United  States  merchant  vessels  should 
be  subject  to  seizure  by  Great  Britain. 

"  (3)  So  far  from  the  list  of  contraband  being  restricted  it  was  ex 
panded  so  as  to  include  *  timber  for  ship-building,  tar  or  rosin,  copper 
in  sheets,  sails,  hemp,  and  cordage,  and  generally  whatever  may  serve 
directly  to  the  equipment  of  vessels,  unwrought  iron  and  fir  planks 
only  excepted '  ;  and  this  was  followed  by  the  statement  that  pro 
visions  could  be  confiscated,  subject  to  a  right  on  the  part  of  the 
owners  to  claim  payment  at  a  rate  to  be  fixed  at  the  British  port  to 
which  the  vessel  was  taken,  a  right  which,  of  course,  turned  out  to  be 
illusory. 

"  (4)  So  far  from  Great  Britain  being  raised  by  the  treaty  to  equal 
privileges  with  France,  she  was,  by  virtue  of  her  maritime  supremacy, 
given  advantages  over  France  which  virtually  destroyed  those  to  which 
France  was  entitled  by  treaty.  Thus,  while  France,  by  treaty,  was 
precluded  from  seizing  British  goods  while  in  United  States  vessels, 
Great  Britain,  on  the  other  hand,  was  permitted  to  seize  French  goods, 
or  goods  going  to  France,  on  United  States  vessels,  and  even  to  seize 
United  States  provisions  going  on  United  States  vessels  to  France,  or 
French  colonies,  as  contraband.  The  stipulation  for  compensation  for 
such  seizures,  even  if  it  had  been  carried  out,  which  it  was  not,  would 
have  been  no  relief  to  France,  since  the  result  was  to  advance  the 
British  scheme  of  starving  the  French  population,  provisions  sent  from 
the  United  States  to  France  and  to  French  colonies  being  in  this  way 
carried  to  England.  Article  XXI,  also,  precluding  citizens  of  the 
United  States  from  serving  under  France,  and  providing  that,  if  a  cit 
izen  of  the  United  States  should  take  a  commission  to  act  as  a  French 
privateer  he  could  be  treated  by  Great  Britain  as  a  pirate,  was  as  much 
in  conflict  with  the  law  of  nations  as  with  the  treaty  of  alliance  with 
France. 

"(5)  Impressment  was  not  surrendered. 

"  (6)  Although  Jay's  instructions  required  him  to  sign  no  treaty 
which  did  not,  in  some  measure,  open  the  West  India  trade,  the  treaty 
he  signed  opened  that  trade  only  to  United  States  vessels  of  70  tons, 
whose  cargoes  had  been  received  in  ports  of  the  United  States.  This 
concession,  however,  was  more  than  neutralized  by  the  admission  of 
British  vessels,  of  any  tonnage,  to  the  United  States  ports  for  West 
India  commerce  ;  and  then  it  was  made  useless  by  the  condition  that 
United  States  vessels  should  not  transport  to  any  foreign  country, 
except  Great  Britain,  sugar,  cotton,  coffee,  or  molasses.  The  only 


258  EDMUND  RANDOLPH. 

excuse  offered  for  this  last  extraordinary  condition  was  that  Jay  was 
not  aware  (though  Lord  Grenville,  who  negotiated  the  treaty  with  him, 
was)  that  cotton  was,  or  could  be,  produced  in  the  United  States. 

"  (7)  The  rule  that  there  should  be  no  trade  by  the  United  States, 
in  war,  with  ports  with  which  she  could  not  trade  in  peace,  was  not 
surrendered. 

"  It  is  true  that  the  treaty  provided  for  a  commission  to  determine 
the  indemnity  due  for  prior  British  spoliations  of  United  States  com 
merce.  But  for  this  a  price  was  paid  vastly  exceeding  the  value  of 
any  spoliation  indemnity  that  could  possibly  have  been  received. 
Aside  from  the  enormous  concessions  above  stated  we  bound  our 
selves  to  assume,  in  a  mass,  British  debts,  many  of  which  were  incapa 
ble  of  proof.  It  is  true  that  United  States  vessels  were  allowed,  under 
the  limitation  specified  above,  to  trade  with  the  West  Indies,  but  they 
were  shut  out  from  the  East  India  coasting  trade,  and  United  States 
merchants  were  not  permitted  to  make  East  Indian  settlements.  The 
United  States,  '  in  return  for  so  paltry  a  favor,  opened  all  the  ports  she 
controlled,  and  surrendered  her  own  commercial  advantages  in  the 
existing  war,  with  scarce  a  qualification.' — (I.  Schouler's  "  Hist.  U. 
S.,"  292.)  "  ' 

It  will  be  seen  by  (4)  of  the  above  analysis  that  the  principle 
of  the  Provision  Order  was  conceded  by  Jay.  This  was  struck 
out  by  the  Senate.  But  even  with  that  elimination,  it  amazed 
the  country  that  even  the  bare  two  thirds  by  which  it  passed 
could  be  secured  in  the  Senate,  or  that  Washington  should  sign 
it.  The  astonishment  might  have  been  less,  and  the  indignation 
greater,  had  the  secrets  of  the  English  Foreign  Office  been 
known.  It  will  be  seen  that  Lord  Grenville  dexterously  used 
his  possession  of  the  northwestern  posts,  and  influence  over  the 
Indians,  harassing  the  United  States,  as  a  pistol  to  be  held  at 
the  Envoy's  head,  and  at  the  President's  head,  while  the  treaty 
was  dictated.  Immediately  after  Jay  signed  the  treaty,  Gren 
ville  admonishes  his  minister  at  Philadelphia  to  negotiate  with 
Hamilton,  without  the  Secretary  of  State's  knowledge,  about  an 

1  Wharton's  "  Digest  of  the  International  Law  of  the  United  States,"  Vol.  II., 
§  1500.  For  Jay's  instructions,  his  despatches,  etc.,  see  I.  Am.  State  Papers,  For 
eign  Relations. 


UNDERHAND  PROCEDURES.  2 $9 

arrangement  of  the  Indian  troubles.  But  he  (Hammond)  must 
not  be  too  eager,  and  the  troubles  must  end  only  through  English 
mediation.  "  The  strongest  inducement  to  be  held  out  to  that 
government  [the  United  States]  will  be  the  shewing  them  that  if 
the  Indian  war  should  be  satisfactorily  concluded  by  the  interfer 
ence  of  His  Majesty's  government  in  America,  it  would  naturally 
follow  that  His  Majesty  and  the  United  States  might  then  enter 
into  a  mutual  guaranty  of  such  arrangements."  Randolph  and 
consequently  the  President  were  to  be  left  out  of  these  nego 
tiations,  because  the  former  had  written  a  firm  remonstrance  to 
Hammond  on  English  connivance  with  the  Indian  hostilities, 
and  Washington  had  laid  the  correspondence  before  Con 
gress.  This  publication  angered  his  lordship,  and  he  instructs 
Hammond  to  work  confidentially  with  others  for  Randolph's  re 
moval  from  office.  He  has  expressed  to  Mr.  Jay  the  sentiments 
of  H.  M.'s  government  about  the  Secretary  of  State,  and  thinks 
it  "  not  improbable  that  Mr.  J.  will  represent  it  in  a  proper  point 
of  view  to  his  government."  Whether  Mr.  Jay  justified  this 
expectation,  or  whether  Hamilton  consented  to  carry  on  secret 
negotiations  with  Hammond, — transferring  the  administration  to 
the  Treasury  department, — does  not  appear.  Certainly  Randolph 
had  no  suspicion  of  either  gentleman.  "  The  President  being  at 
Carlisle,"  he  writes  Jay  (10  Oct.  1794),  "  I  forwarded  to  him  copies 
of  your  letters  noticed  above,  together  with  another  which  I  pre 
sumed  to  be  private,  and,  therefore,  did  not  open  under  the  gen 
eral  license  which  he  left  with  me."  Jay  may  have  felt  compelled 
to  lay  before  Washington,  privately,  Lord  Grenville's  desire  for 
Randolph's  removal, — especially  as  he  (Jay)  had,  without  instruc 
tion  from  Randolph,  suggested  Hammond's  removal.1 

1  Randolph's  jealousy  for  the  President  caused  him  to  mention  to  Jay  (30  Aug. 
1794)  that  Mr.  Hammond  was  in  New  York,  "  where  he  has  been  for  a  considerable 
time,  and  whither  he  went,  after  an  intermission  of  visits  to  the  President  for  more 
than  two  months,  without  taking  leave."  The  sentence  was  underscored.  A  sim 
ilar  jealousy  for  Washington  may  have  induced  Jay's  unauthorized  request  for  Ham 
mond's  removal,  which,  however,  could  only  recoil  on  Randolph.  Hammond  would 
never  ascribe  his  recall  to  conciliatory  Mr.  Jay. 


260  EDMUND  RANDOLPH. 

Randolph's  career  had  been  one  of  unbroken  success.  He  was 
never  beaten  in  an  election  ;  he  had  filled  the  highest  offices  with 
honor.  But  now  the  apparently  invulnerable  political  Ajax  was 
entering  on  the  critical  combat  of  his  life  in  the  dark.  "  Grant 
me  but  to  see,  and  Ajax  asks  no  more."  But  Randolph,  alas, 
was  unconscious  that  any  thing  was  hidden  from  him.  He  never 
knew  until  too  late  that  Fauchet  was  conspiring  against  him  ; 
and  never  to  the  day  of  his  death  that  the  British  Prime-Minister 
had  instructed  Hammond,  in  case  Randolph  could  not  be  turned 
from  his  course,  to  conspire  with  others  for  his  downfall. 

In  this  matter  Lord  Grenville  had  recommended  "  prudence 
and  delicacy,"  and  for  a  time  there  appeared  no  reason  for  over 
throwing  Randolph.  Jay  had  sent  Randolph,  13  Sept.  1794,  the 
main  features  of  his  agreement  with  Grenville.  Randolph  re 
turned  his  criticisms,  but  before  they  arrived  the  treaty  had  been 
signed  (Nov.  19).  The  delay  of  the  treaty,  until  March  7,  may 
have  prevented  its  receiving  so  full  a  consideration  as  it  merited. 
But  Jay  had  much  credit  with  the  President  ;  and  his  despatches 
left  no  doubt  that  the  treaty  was  England's  ultimatum,  and  that 
it  was  the  alternative  of  war.  For  war  with  England  the  country 
was  by  no  means  prepared.  The  President  and  Randolph  con 
sidered  the  treaty  in  secret,  not  even  confiding  it  to  other  mem 
bers  of  the  Cabinet.  They  drew  the  line  against  its  injustice  to 
both  France  and  the  United  States  at  the  twelfth  article,  already 
referred  to,  and  concluded,  reluctantly,  that  the  rest  must  be  sub 
mitted  to.  The  only  question,  after  the  Senate's  conditional  rati 
fication,  related  to  the  mode  of  procedure  proper  in  such  case. 
While  Randolph  was  considering  the  advice  he  should  give,  a  ru 
mor  came  of  the  renewal  by  England  of  the  Provision  Order.  By 
this  Great  Britain  not  only  put  in  operation  the  clause  suspended 
by  the  Senate,  but  did  so  in  the  most  arbitrary  manner.  By  it 
American  commerce  would  be  swept  from  the  seas ;  for  France, 
in  retaliation,  must  seize  all  provisions  bound  for  England,  as  the 


"CIRCUMSTANCES."  26 1 

latter  did  all  bound  for  France.  Although  renewal  of  the  Order, 
rumored  soon  after  the  Senate  had  ratified,  was  not  yet  officially 
confirmed,  Randolph  felt  that  it  was  true  ;  it  was  no  doubt  among 
the  "  circumstances  "  alluded  to  in  the  opinion  he  submitted  to 
the  President. 

"  A  qualified  ratification  being  a  new  thing  in  diplomatic  history,  our 
forms  of  proceeding  may  be  accommodated  to  the  newness  of  our  situa 
tion.  But  the  President  would  manifest  excessive  ardour  by  overleap 
ing  the  usual  forms  so  far  as  to  delegate  to  an  individual  in  London 
the  ratification  of  an  inserted  article  which  neither  the  Executive  or 
Senate  had  ever  seen.  .  .  .  The  propriety  of  putting  the  final  seal  on 
an  Act  before  it  is  complete,  or  of  delegating  to  another  the  power  of 
seeing  that  it  is  complete,  is,  to  say  the  least,  very  doubtful.  And  if 
the  President  ought  not  to  do  this  for  himself,  ought  he  to  apply  to  the 
Senate  to  do  it  for  themselves  ?  The  propriety  of  this  proceeding  will 
be  determined  by  the  public  according  to  the  effects  intended  to  be 
produced.  These  will  be  clearly  seen  to  be,  to  prevent  a  future  Sen 
ate  from  negotiating  the  ratification,  as  they  may  do,  if  the  question  be 
not  settled  now,  and  to  cut  off  delay.  Whether  the  latter  is  so  import 
ant  as  to  counterbalance  the  impressions  arising  from  the  former,  the 
President  will  determine.  Perhaps  it  will  be  incumbent  upon  the 
President  to  satisfy  himself  on  these  two  questions  :  i.  Will  he  bind 
himself  now  to  ratify  upon  the  change  being  made  in  the  West  India 
article,  so  that  he  cannot  refuse  to  ratify,  let  other  circumstances  be  as 
they  will?  2.  What  kind  of  person,  and  who  is  to  be  employed  in 
this  new  business  ? " 

No  sooner  had  the  Senate  ratified  the  treaty  than  the  President 
found  secrecy  a  burden.  Notwithstanding  the  vote  of  the  Senate 
as  to  secrecy  he  desired  that  public  opinion  could  be  heard,  and 
(June  29)  instructed  Randolph  to  give  a  copy  to  Mr.  Brown  for 
publication.  But  Randolph  presently  learned  that  it  had  appeared 
that  same  morning  in  the  Aurora,  which  had  received  it  from 
Senator  Thomson  Mason.  Another  Senator,  Rufus  King,  had 
shown  it  previously  to  Hammond.  Randolph,  by  Washington's 
order,  had  given  a  copy  to  the  French  Minister.  The  President 
did  not  have  long  to  wait  for  popular  opinion.  The  treaty  was 


262  EDMUND  RANDOLPH. 

burnt  by  mobs,  the  British  Minister  insulted,  addresses  from  lead 
ing  cities  poured  in, — demanding  rejection.  The  President  saw 
the  grim  visage  of  war  with  England  on  one  hand ;  that  of  war 
with  France — possibly  complicated  with  civil  war, — on  the  other; 
and  was  thrown  into  a  cruel  dilemma. 

Notwithstanding  Jay's  suggestion,  Lord  Grenville  had  reasons 
for  keeping  Hammond  in  America  until  this  business  was  ended. 
This  minister  faithfully  represented  the  proud  attitude  of  his 
country,  and  the  menace  under  which  the  treaty  was  concluded. 
Conscious  that  it  held  the  northwestern  frontiers,  that  the  unde 
fended  American  coast  was  lined  with  its  cruisers,  that  the  Mis 
sissippi  was  in  the  power  of  its  Spanish  ally,  the  lately  humiliated 
and  wounded  Lion  growled  its  haughty  mastery  of  the  situation. 
Hammond  had  a  good  deal  to  exasperate  him.  A  correspond 
ence  placed  at  my  disposal  by  Mr.  Rawle  shows  the  Philadelph- 
ians  somewhat  frantic.  The  mere  normal  hauling  down,  for 
the  night,  of  the  American  flag  of  a  vessel  on  which  were  British 
officers,  captured  and  paroled  by  a  French  ship,  was  supposed  to 
be  an  insult  to  the  flag.  Though  there  was  no  physical  outrage 
the  officers  were  insulted  by  a  crowd.  The  vessel  being  moored 
at  the  time,  the  matter,  as  District  Attorney  Rawle  pointed  out, 
could  only  be  prosecuted  under  State  law  as  a  misdemeanor. 
This  was  by  no  means  sufficiently  dignified  for  the  Lion.  There 
had  been,  before  the  "  burning  "  treaty  question,  other  incidents, 
beyond  redress  which  might  humble  the  United  States,  that  must 
naturally  rankle  in  the  Minister's  breast. 

That  which  chiefly  encouraged  Hammond's  high  tone  was  its 
success  in  bringing  to  his  feet  the  merchants  and  ship-owners. 
While  British  cruisers  kept  such  in  perpetual  panic,  the  British 
Treaty  was  carefully  contrived  to  stimulate  their  hope  of  indem 
nity  for  past  losses, — at  whatever  cost  to  the  rest  of  the  country. 
Along  with  this  bribe,  the  Governor  in  Canada  and  Hammond 
in  Philadelphia  kept  over  these  a  suspended  sword.  Subservi- 


THREE  TO   ONE.  26$ 

ence  to  England  was  the  price  of  peace.  The  immense  advan 
tages  of  the  treaty  to  England  were  indicated  in  the  extreme  de 
termination  of  its  ministers  to  secure  ratification.  Failure  of  the 
treaty  was  to  be  a  casus  belli.  The  Cabinet  representatives  of 
the  terrified  were  Oliver  Wolcott  (Treasury),  Timothy  Pickering 
(War),  and  William  Bradford  (Attorney  General).  The  first  of 
these,  the  favorite  of  Hamilton,  had  been  especially  chosen  by 
Hammond  as  an  ally  (in  pursuance  of  Grenville's  intimation  about 
Randolph) ;  and  their  intimacy  is  shown  by  the  fact  that  the 
secret  debate  of  the  Senate  was  substantially  secured  by  Wol 
cott,  and  reported  to  the  British  Minister  on  the  day  after  its 
conclusion.  He  was  even  told  how  each  senator  voted. 

Towards  Randolph  Hammond  displayed  animosity,  and  some 
times  rage.  He  was  indeed  imprudent  in  this ;  for  in  conse 
quence  of  his  violence  the  President's  indignation  overcame  his 
habitual  deference  to  the  majority  in  his  Cabinet.  He  stood 
beside  Randolph,  whose  constant  dignity  and  good  temper  had 
elicited  his  admiration,  and  that  of  Jay  also.  "I  have  read," 
writes  the  latter,  "  your  thirty  odd  papers  to  and  from  and  re 
specting  Hammond  and  his  complaints.  You  have,  in  my  opin 
ion,  managed  that  matter  well.  Continue,  by  all  means,  to  be 
temperate,  and  to  put  him  in  the  wrong." 

While,  in  the  Cabinet,  opinion  stood  three  to  one  in  favor  of 
immediate  and  unconditional  signature,  the  masses  were  appa 
rently  three  to  one  against  it.  But  the  minority  camp  consisted 
of  strong  and  wealthy  men,  largely  interested  in  the  result.  Dur 
ing  Washington's  twenty  days  of  hesitation  there  was  imminent 
danger  of  civil  war.  It  is  a  notable  fact  that  neither  of  the  Cabi 
net  Ministers  favoring  ratification,  so  far  as  their  published  cor 
respondence  shows,  said  a  word  against  the  odious  Provision 
Order,  which  alone  stood  in  the  way. 

Randolph's  influence  had  been  in  favor  of  a  conditional  ratifi 
cation  by  the  Senate.  This  had  been  given  by  that  body  "  on 


264  EDMUND  RANDOLPH. 

condition  that  there  be  added  to  the  said  treaty  an  article 
whereby  it  shall  be  agreed  to  suspend  the  operation  of  so  much 
of  the  twelfth  article  as  respects  the  trade  which  his  Majesty 
thereby  consents  may  be  carried  on  between  the  United  States 
and  his  islands  in  the  West  Indies,  in  the  manner,  and  on  the 
terms  and  conditions  therein  specified."  This  was  a  large  condi 
tion.  Had  the  President,  as  the  Senate  further  requested,  "  con 
tinued  negotiations  on  that  basis,"  the  French  treaty  and  Ameri 
can  interests  might  have  been  guarded  by  a  new  article.  But  in 
this  Randolph  was  overruled.  Not  only  did  the  President,  against 
the  advice  of  both  Hamilton  and  Randolph,  decide  that  the  new 
article  might  be  framed  and  ratified  in  London,  without  its  sub 
mission  to  himself  or  the  Senate,  but  he  now  held  in  considera 
tion  a  signature  which  would  virtually  override  the  senatorial  ex 
ception  ;  for  the  Provision  Order  was  the  Twelfth  Article  in  prac 
tical  operation,  and  worse.  Randolph  must  now  have  sorely- 
regretted  that  he  had  counselled  even  a  conditional  ratification, 
and  no  doubt  even  rejoiced  that  the  renewal  of  the  Provision 
Order  held  out  some  chance  of  an  escape  from  a  treaty  only  too 
likely  to  be  manipulated  to  a  ruinous  one  in  London.  However, 
there  was  nothing  left  now  but  to  insist  on  previous  withdrawal 
of  the  Provision  Order.  There  he  stood.  But  the  agitation 
speedily  assumed  party  aspects  in  which  its  foreign  bearings  were 
lost  sight  of.  The  "  Democrats "  were  furious  that  the  treaty 
was  not  spurned  altogether.  The  "  Federalists  "  were  angry  that 
one  Virginian  should  outweigh  for  a  moment  the  three  northern 
men  in  the  Cabinet.  There  was  already  a  "  north "  and  a 
"  south," — the  latter  (such  is  the  irony  of  fate !  )  representing  all 
manner  of  radicalism,  the  former  all  "  Toryism."  Randolph  be 
longed  to  neither  party,  but  the  effect  of  his  present  advice  was 
to  strengthen  the  democracy ;  and  therein  the  French  as  against 
English  tendencies.  To  his  three  colleagues  this  meant  ruin. 
The  treaty  became  their  flag  in  a  crusade  against  "  Jeffersonian 


CONFIDENCES.  26$ 

ism,"  of  which  Randolph,  malgre  lui,  was  the  momentary  embodi 
ment.  Jefferson  was  enjoying  his  "  soft  pillow  "  at  Monticello. 

But  to  Washington  and  Randolph  some  things  were  known 
which  were  unknown  to  the  others,  new-comers  into  the  Cabinet. 
By  the  instructions  to  Monroe  in  Paris,  and  by  communications 
to  the  French  Minister  in  Philadelphia,  the  President  had  com 
mitted  himself  deeply  to  France,  as,  in  his  own  phrase,  "  our  first 
and  natural  ally."  It  was  uttered  at  a  period  when  the  outrages 
of  England  seemed  to  render  war  inevitable.  Three  of  his  min 
isters,  backed  by  Great  Britain,  were  now  asking  him  to  eat  his 
words,  of  which  they  knew  nothing.  The  French  Scylla  and 
British  Charybdis  had  each  a  sharp  dragon-eye  on  him  in  Fauchet 
and  Hammond.  Fauchet,  as  the  President  well  knew,  had  on 
file  assurances  that  nothing  would  be  signed  inconsistent  with 
engagements  to  France,  and  other  soothing  communications. 
Fauchet's  powers  for  mischief  were  now  fully  appreciated. 

Such  was  the  situation  in  the  early  part  of  July,  1795.  It  was 
evident  that  the  President  was  inclining  to  Randolph's  side,  and 
that  the  treaty  would  not  be  signed,  unconditionally,  unless  the 
Secretary  of  State  could  be  got  out  of  the  way.  It  should  be  said 
for  young  Bradford,  Randolph's  successor  as  Attorney  General 
(who  died  as  this  struggle  ended),  that  he  seems  to  have  been 
desirous  of  removing  Randolph  to  an  honorable  and  more  con 
genial  position, — the  Supreme  Bench,  from  which  Justice  Blair 
was  retiring.  In  view  of  the  fate  which  overtook  the  Secretary 
a  few  weeks  later,  the  following  "  private  "  letter,  written  to  the 
President  7  July  1795,  possesses  a  pathetic  interest  : 

"  I  this  morning  received  the  inclosed  letter.  It  relates  to  a  sub 
ject,  which,  notwithstanding  the  suggestions  of  Mr.  King,  Mr.  Burr, 
Mr.  Bradford,  and  some  other  gentlemen,  I  positively  forbid  to  be 
mentioned  to  you.  Why  I  forbid  it,  the  reasons  are  very,  very  many  ; 
for  altho'  the  wish  of  the  most  respectable  of  the  bar  in  this  city  might 
have  seemed  to  countenance  it ;  yet  one  reason  overpowered  in  my 
mind  any  other  :  that  I  did  not  think  it  right  in  itself,  and  that  the 


266  EDMUND  RANDOLPH. 

world  would  not  think  it  so.  It  shall  never  be  said,  that  I  would  ask 
for  myself  what  would  be  improper  for  your  character  to  grant. 

"  But  this  letter  has  really  led  me  into  a  train  of  reflection,  which  I 
have  endeavored  to  suppress,  but  which  pours  too  rapidly  into  my  mind 
to  be  resisted. 

"  I  foresee,  as  I  believe,  with  certainty,  that  the  present  Chief- 
Magistrate  will  not  be  prevailed  upon  to  continue  in  office  after  the 
expiration  of  this  term  ;  and  I  cannot  well  reconcile  to  myself  the  idea 
of  serving  where  I  now  am  under  any  other.  This  is  not  all.  With 
an  abstinence  from  company,  which  does  not  comport  with  my  station, 
I  run  in  debt,  and  hazard  again  those  difficulties  from  which  the  sales 
of  my  estate  are  likely  to  relieve  me.  The  incessant  anxiety  of  my 
wife,  founded  upon  the  experience  of  the  last  eighteen  months,  urges 
me  even  now  to  adopt  an  alternative,  either  to  put  down  my  carriage, 
and  live  in  a  very  circumscribed  style  ;  or  to  go  again  into  the  practice 
of  the  law.  That  the  latter  is  the  most  lucrative  course  is  to  me  obvious. 
But  it  would  inevitably  throw  me  into  the  lower  parts  of  Virginia,  and 
I  do  not  wish  to  go  further  south  than  Alexandria  at  any  rate.  The 
former  does  not  correspond  with  public  expectation  ;  and  public  ex 
pectation  must,  in  a  degree,  be  consulted. 

"  Time  has  rolled  so  fast  and  unperceived  over  my  head,  that  I  have 
not,  until  a  year  or  two  past,  calculated  how  few  remain  for  very  active 
exertion.  Nor  have  I,  until  a  year  or  two  ago,  been  persuaded  that,  if 
an  accident  should  befall  you,  the  Union  is  split  in  twain  unless  it 
should  be  placed  above  the  machinations  of  its  enemies  during  your 
administration.  In  the  event  of  a  dissolution,  Virginia  will  not  be,  for 
me  or  my  family,  a  proper  country  to  dwell  in. 

"  Thus  circumstanced,  and  looking  to  all  events,  I  think  I  ought  to- 
capacitate  myself  to  take  my  position  in  whatsoever  part  of  the  United 
States  I  may  find  most  comfortable.  Philadelphia  is  at  present  the 
most  so  ;  and  no  place  appears  likely  to  come  into  competition  with 
my  wishes,  until  the  federal  city  shall  receive  Congress.  There,  if  the 
Union  should  remain  intire,  I  mean  to  fix  the  fortunes  of  my  son. 

"  I  am  now  brought  to  that  stage  of  my  reflections,  at  which  my 
sensibility  is  most  alive.  A  transposition  into  Mr.  Blair's  office  would 
seem  to  separate  me  rather  more  from  you.  As  to  yourself,  my  con 
tinuance  on  my  present  ground  can  be  no  further  important,  than  to 
close  the  weighty  matters  now  depending.  This  I  would  not  quit  for 
my  own  honor,  if  I  could  not  go  through  them  notwithstanding.  It  is 
among  the  most  pleasant  of  my  sensations,  that  in  spite  of  the  ferment 


AN  UNEXPECTED  ALLY.  26? 

raised  by  a  few  wicked  men,  I  shall  have  some  future  credit  in  being  in 
your  confidence  until  you  have  established  peace  and  order  in  the 
United  States." 

On  the  2  July  Randolph  wrote  Monroe,  "  under  the  Presi 
dent's  correction,"  that  "  the  President  has  not  yet  decided  upon 
the  final  measure  to  be  adopted  by  himself."  By  July  12  the 
opinions  of  the  four  Ministers  were  handed  to  the  President. 
Randolph's  paper  embodied  an  address  to  Hammond  declaring 
that  "  the  President  cannot  persuade  himself  that  he  ought  to 
ratify  during  the  existence  of  the  Order."  On  July  13  the  Presi 
dent  directed  Randolph  to  address  Hammond  as  he  had  proposed, 
and  he  at  once  did  so.  The  British  Minister  asked  him  if  it  would 
not  be  sufficient  to  remove  the  "  provision  order,"  and  after  the- 
ratification  renew  it.  Randolph  replied  with  warmth  that  "  this- 
would  be  a  mere  shift,  as  the  principle  was  the  important  thing." 
"  He  then  asked  me,"  writes  Randolph,  "  if  the  President  was 
irrevocably  determined  not  to  ratify  if  the  provision-order  was 
not  removed  ?  I  answered  that  I  was  not  instructed  on  that 
point.  He  said  that  he  would  convey  my  observations  to  Lord 
Grenville  by  a  vessel  which  was  to  sail  the  next  day ;  and  then 
left  me.  I  immediately  returned  to  the  President's  room,  and 
acquainted  him  with  the  foregoing  circumstances.  He  said  that 
I  might  have  informed  Mr.  Hammond  that  he  would  never  ratify 
if  the  provision-order  was  not  removed  out  of  the  way.  He  them 
directed  me  to  prepare  the  memorial  of  which  I  had  spoken  to> 
Mr.  Hammond,  the  form  of  ratification,  and  instructions  for  the 
person  who  was  to  manage  the  business  in  London." 

Randolph's  policy  having  thus  prevailed,  was  fortified  by  an 
unexpected  ally.  Alexander  Hamilton,  indignant  at  the  pro 
vision-order,  wrote  from  New  York  recommending  that  the 
treaty,  though  signed,  should  not  be  exchanged  until  the  odious 
order  were  revoked.  The  President,  however,  preferred  Ran 
dolph's  plan  ;  regarding  the  question  as  settled,  he  departed  July 


268  EDMUND  RANDOLPH. 

15  for  Mount  Vernon.  From  Baltimore,  July  18,  he  wrote  Ran 
dolph  to  lay  before  his  colleagues  an  address  answering  one  from 
the  people  of  Boston.  The  President's  resolution  was  then 
announced  to  the  Cabinet.  A  memorial  in  this  sense  to  the 
British  Minister  was  then  drafted  by  Randolph  and  sent  to  Mount 
Vernon.  Before  its  receipt  the  President  wrote  to  Randolph,  22 
July,  a  letter  of  historic  importance  : 

"  In  my  hurry  I  did  not  signify  the  importance  of  letting  those 
gentlemen  [the  secretaries  and  attorney-general]  know/>///v  my  deter 
mination  with  respect  to  the  ratification  of  the  treaty  ; — and  the  train 
it  was  in  ; — but  as  this  was  necessary  in  order  to  enable  them  to  form 
their  opinions  on  the  subject  submitted,  I  take  it  for  granted  that  both 
were  communicated  to  them  by  you,  as  a  matter  of  course. — The 
first,  that  is  the  conditional  ratification,  if  the  late  order,  which  we 
have  heard  of,  respecting  provision  vessels  is  not  in  operation,  may, 
on  all  fit  occasions,  be  spoken  of  as  my  determination,  unless  from 
any  thing  you  have  heard,  or  met  with  since  I  left  the  city,  it  should 
be  thought  more  advisable  to  communicate  with  me  further  on 
the  subject ; — my  opinion  respecting  the  treaty  is  the  same  now 
that  it  was,  that  is,  not  favorable  to  it, — but  that  it  is  better  to 
ratify  it  in  the  manner  the  Senate  have  advised  (and  with  the  reser 
vation  already  mentioned}^  than  to  suffer  matters  to  remain  as  they 
are, — unsettled. — Little  has  been  said  to  me  on  the  subject  of  this 
treaty  along  the  road  I  passed  ;  and  I  have  seen  no  one  since  from 
whom  I  could  hear  much  concerning  it  — but  from  indirect  discourses 
I  find  endeavors  are  not  wanting  to  place  it  in  all  the  odious  points  of 
view  of  which  it  is  susceptible,  and  in  some  which  it  will  not  admit." 

This  was  passed  on  the  way  by  a  note  from  Randolph  of 
July  24 : 

"  I  hinted  in  a  past  letter  that  there  was  something  mysterious  in 
one  part  of  the  business.  What  I  allude  to  is  that  the  advice  given  to 
you  from  New  York  [/.  <?.,  from  Hamilton],  as  to  the  withholding  of  a 
ratification  until  the  order  for  seizing  provisions  was  rescinded,  does  not 
appear  to  have  been  circulated  among  the  particular  friends  of  the  gen 
tleman  from  whom  the  advice  came.  Permit  me,  sir,  to  suggest  the  pro 
priety  of  knowing  how  far  the  same  views  may  have  been  taken  by  others' 

He  writes  again  on  July  25  : 

"  The  post  brought  me,  about  an  hour  ago,  the  letter  which  you  did 
rne  the  honor  of  writing  from  Mount  Vernon  on  the  22  instant. — I  had 


THE  PRESIDENT  SURRENDERS.  269 

communicated  to  the  gentlemen  fully  your  determination  with  respect 
to  the  ratification.  I  have  no  doubt  that  the  order  for  seizing  provision 
vessels  exists.  Nothing  has  occurred  to  prevent  the  speaking  of  that 
determination.  But  as  the  final  meeting  here  is  to  be  this  afternoon, 
it  will  not  be  spoken  of  immediately,  lest  it  should  be  supposed  that 
we  wish  to  thwart  their  proceedings." 

"  July  29,  7  A.M. — As  soon  as  I  had  the  honor  of  receiving  your 
letter  of  the  24th  inst.,  I  conferred  with  the  Secretaries  of  the  Treasury 
and  of  War  upon  the  necessity  or  expediency  of  your  return  hither  at 
this  time.  We  all  concurred  that  neither  the  one  nor  the  other  existed  ; 
and  that  the  circumstance  would  confer  upon  the  things  which  have 
been,  and  are  still  carried  on,  an  importance  which  it  would  not  be 
convenient  to  give  them. 

"  The  translation  of  the  French  letter  will  show  it  to  be  only  thanks 
for  some  information  transmitted  from  my  office  by  your  direction. 

"  Mr.  Hammond  yesterday  received  his  letters  of  recall.  He  came 
over  to  state  to  me  that  he  had  several  things  to  communicate,  by 
order,  relative  to  the  treaty  on  the  supposition  of  its  being  ratified,  and 
that  he  would  impart  them  to  me  in  a  few  days,  as  he  expects  to  be 
ready  for  his  departure  in  about  a  fortnight  or  three  weeks.  We  en 
tered  into  some  conversation  on  the  occurrences  at  Charleston,  upon 
which  he  spake  with  moderation,  and  declared  that  he  should  represent, 
when  he  returned  to  England,  the  sincerity  of  this  government  in  the 
business  of  the  treaty." 

The  French  letter  alluded  to  I  have  not  been  able  to  discover. 
Although  Randolph  was  probably  supposed  by  Hammond  to 
have  caused  his  recall,  personal  motives  are  not  traceable  in  the 
latter's  conduct.  Lord  Grenville  had  manifested  extreme  anxiety 
for  the  ratification  of  the  treaty,  and  had  sent  him,  as  we  shall 
see,  the  ace  with  which  the  immense  stake  could  be  won.  It  was 
not  fairly  played,  but  it  was  for  his  country.  It  must  be  admitted 
also  that  he  made  an  effort  to  win  without  it. 

But  Hammond  and  his  allies  in  the  Cabinet  won  in  the  end. 
In  a  letter  of  31  July  the  President  approved  Randolph's  memo 
rial  to  England,  demanding  revocation  of  the  provision-order  as  a 
condition  of  ratification,  as  "well  designed  to  answer  the  end 
proposed."  Fourteen  days  later  he  signed  the  treaty  without  the 
stipulation  he  had  repeatedly  declared  essential. 


CHAPTER  XXVI. 

THE    INTERCEPTED   LETTER. 

ON  28  March  1795,  the  Jean  Bart,  a  French  corvette,  was 
captured  by  the  Cerberus,  a  British  man-of-war,  off  Pesmarque. 
An  officer  of  the  French  vessel  threw  overboard  a  packet  of 
papers,  which  was  picked  up  by  a  boat  from  the  Cerberus.  In  it 
were  found  despatches  of  the  French  Minister  in  America  (Fau- 
chet)  to  his  government.  Of  these  copies  were  sent  to  the  Eng 
lish  Minister  in  America,  and  reached  him  shortly  before  July  26. 
The  President  was  at  Mount  Vernon.  On  July  25  the  Cabinet 
heard  the  President's  ultimatum  from  the  letter  of  July  22.  This 
ended  all  hope  of  ratification  without  revocation  of  the  pro 
vision-order.  But  on  July  26,  Hammond  invited  Wolcott  to  din 
ner,  and  revealed  an  intercepted  letter  which  promised  a  change 
in  the  situation. 

"  The  first  circumstance,  [wrote  Wolcott]  connected  with  the  dis 
covery  of  M.  Fauchet's  letter,  now  in  possession  of  the  President,  in 
which  I  was  concerned,  was  an  invitation  from  Mr.  Hammond,  the 
British  Minister,  to  dine  with  him  on  Sunday  the  26th  day  of  July, 
which  invitation  I  accepted.  At  the  time  appointed  I  found  the  com 
pany  to  consist  of  Mr.  Hammond's  family,  Mr.  Strickland,  an  English 
gentleman,  Mr.  Thornton,  the  late  Secretary  to  the  British  legation, 
and  Mr.  Andrew  Allen,  of  Philadelphia.  Before  dinner  Mr.  Ham 
mond  took  me  apart  and  informed  me  that  he  had  just  received  dis 
patches  from  Lord  Grenville,  transmitting  certain  letters  from  M.  Fau- 
chet  to  the  French  government,  which  had  been  intercepted.  The 
history  of  these  letters,  as  related  by  Mr.  Hammond,  was  that  they 
were  thrown  overboard  from  a  French  packet  named  the  Jean  £art+ 
on  the  approach  of  an  English  vessel,  but  were  recovered  by  an  Eng- 

270 


A  LEAGUE.  2/1 

lishman  who  plunged  into  the  water  after  them.1  After  dinner  Mr. 
Hammond  in  a  private  room  read  to  me  in  English  the  letter,  upon 
which  I  observed  that  the  information,  however  new  and  surprising  to 
me,  was  attended  with  circumstances  which  could  not  fail  to  establish 
a  belief  that  something  highly  improper  had  been  proposed  by  Mr. 
Randolph,  and  that  I  considered  the  information  as  highly  interesting. 
At  the  same  time  I  remarked  that  a  discovery  of  such  magnitude  could 
not  be  permitted  to  remain  with  me,  and  that  it  could  not  be  communi 
cated  unless  I  was  put  in  possession  of  the  document  necessary  to 
support  my  allegations.  After  considerable  conversation  at  that  time, 
and  at  one  subsequent  interview,  it  was  agreed  between  Mr.  Hammond 
and  myself  that  the  original  letter  should  be  delivered  to  me,  upon 
condition  that  I  should  give  to  Mr.  Hammond  a  copy  with  my  attesta 
tion  of  having  received  the  original,  and  that  it  was  my  true  and  sin 
cere  belief,  founded  on  an  acquaintance  with  M.  Fauchet's  handwrit 
ing,  that  the  said  letter  was  genuine.  With  this  condition  I  complied, 
and  accordingly  on  the  28th  of  July  I  received  the  letter  and  certified 
a  copy  which  had  been  prepared  by  Mr.  Thornton.8  On  the  morning 
of  July  28th  I  presented  the  said  letter  to  the  Secretary  of  War  and  in 
formed  him  of  the  foregoing  circumstances,  who  approved  of  the  steps 
I  had  taken,  and  it  was  agreed  by  us  that,  considering  the  absence  of 
the  President,  the  letter  ought  to  be  shown  to  the  Attorney  General  as 
soon  as  possible.  On  the  2pth  of  July  the  Secretary  of  War  and  myself 
visited  the  Attorney  General  at  his  house  in  the  country,  and  explained 
the  subject  fully.  It  was  then  agreed  that  a  letter  should  be  written  to 
the  President  requesting  him  to  return  to  Philadelphia.  This  was 
done  by  the  Secretary  of  State  on  the  3ist  of  July,  in  consequence  of 
a  special  application  by  the  Secretary  of  War  and  myself  for  that  pur 
pose.  On  Thursday  the  nth  of  August  the  President  returned  to 
Philadelphia,  and  in  the  evening  of  the  same  day  I  presented  M.  Fau 
chet's  letter,  before  mentioned,  with  a  translation  by  the  Secretary  of 
War,  to  him,  narrating  the  facts  before  stated." 

The  English  State  Archives  do  not  contain  any  of  the  inter 
cepted  Fauchet  despatches.  The  only  one  found  among  Ham 
mond's  papers  is  the  transcript  of  No.  10,  with  Mr.  Wolcott's 

'Here  Mr.  Wolcott  seems  to  follow  "  Peter  Porcupine."  Cobbett  raised  this 
gallant  but  mythical  tar  into  an  heroic  figure  of  the  kind  whose  "  customary  attitude  " 
is  well  known  on  H.  M.  S.  Pinafore.  Our  English  records  (Chap.  XXVIII.)  show 
the  despatches  picked  up  by  a  prosaic  boat. 

2  The  certificate  is  dated  July  29. 


2/2  EDMUND  RANDOLPH. 

certificate,  a  copy  of  which,  made  by  his  (Hammond's)  son  in  1855 
for  Mr.  Buchanan,  afterwards  President,  is  here  used,  the  accents 
only  added.  The  French  original  has  never  been  published. 

Legation  de  Philadelphia 

Relations  Exterieures.  Philadelphie  le  10  Brumaire  1'an  3me. 
Correspce.   Pre.  du  Ministre.  de  la  Republique  Fran9aise, 

Politique.     No.  10.  une  et  indivisible. 

Joseph  Fauchet,   Ministre  Plenipotentiaire  de  la  Republique  Fran9aise,  pres 
les  Etats-Unis.    Au  Commissaire  du  Departement  des  Relations  Exterieures. 

CITOYEN: — Les  mesures  que  la  prudence  m*  ordonne  de  prendre, 
vis-a-vis  de  mes  collegues,  ont  preside  encore  a  la  redaction  des 
de"peches  signees  d'eux  ;  qui  traitent  de  Tinsurrection  des  pays  occi- 
dentaux  et  des  moyens  repressifs  adoptes  par  le  gouvernement.  J'ai 
souffert  qu'elles  se  bornassent  a  donner  un  rdcit  fidele,  mais  nil  des 
evenements  ;  les  reflexions  qui  y  sont  consignees  ne  passent  gueres  les 
resultats  qui  se  tirent  aisement  du  caractere  que  prennent  les  papiers 
publics  :  je  me  suis  reserv£  de  te  donner  autant  qu'il  est  en  mon 
pouvoir  la  cle  des  faits  que  nos  rapports  detaillent.  Quand  il  s'agit 
d'expliquer,  soit  par  des  conjectures  soit  par  des  donne"es  certaines, 
les  vues  secretes  d'un  gouvernement  etranger,  il  serait  imprudent  courir 
la  chance  des  indiscretions,  et  de  se  livrer  a  des  hommes,  qu'  une 
partialite  connue  pour  ce  gouvernement,  une  similitude  de  passions  et 
d'interets  avec  ses  chefs,  peuvent  entrainer  a  des  confidences  dont  les 
suites  sont  incalculable.  D'ailleurs  les  precieuses  confessions  de  Mr. 
Randolph  jettent  seules  surtout  ce  qui  arrive  une  lumiere  satisfaisante: 
je  ne  les  ai  point  communiques  encore  a  mes  collegues.  Les  motifs 
que  je  cite  plus  haut  conseillaient  cette  reticence,  et  ne  permettaient 
encore  moins  de  m'ouvrir  £  eux  dans  ce  moment.  Je  vais  done  essayer, 
Citoyen,  de  donner  un  but  a  toutes  les  mesures  dont  les  depeches  com 
munes  te  rendent  compte,  et  de  decouvrir  les  veritables  cause  de  1'ex- 
plosion  qu'  on  s'obstine  a  re"primer  avec  de  grands  moyens,  quoique 
l'e"tat  des  choses  n'ait  plus  rien  d'alarmant. 

Borner  la  crise  actuelle  a  la  simple  question  de  1'excise  c'est  la 
require  bien  au  dessous  de  sa  veritable  echelle  ;  elle  tient  indubitable- 
ment  a  une  explosion  generale  prepared  depuis  longtemps  dans  1'esprit 
public  ;  mais  que  cette  eruption  locale  et  precipitee  fait  avorter,  ou 
recule  au  moins  pour  long  temps.  Pour  en  voir  la  cause  reelle,  pour 
en  calculer  1'effet  et  les  suites,  il  faut  remonter  &  1'origme  des  parties 
qui  existent  dans  1'Etat,  et  se  retracer  leurs  progres. 


FISCAL  ARISTOCRACY.  273 

La  systeme  du  gouvernement  actuel  a  fait  des  mecontents  :  c'est  le 
sort  de  toutes  les  choses  nouvelles.  Mes  predecesseurs  ont  donne  des 
renseignements  tres  detaillees  sur  les  parties  du  systeme  qui  ont  parti- 
culierement  eveille  des  clameurs  et  acquis  des  ennemis  a  l'ensemble. 
Les  divisions  primitives  d'opinion,  quant  a  la  forme  politique  de  1'etat 
et  &  la  limite  de  la  souverainete  du  tout  sur  chaque  Etat  individuelle- 
ment  souverain,  avaient  cree  les  federalistes  et  les  anti-federalistes. 
Par  un  contraste  bizarre  entre  le  nom  et  1'opinion  reelle  des  parties, 
contraste  jusqu'ici  peu  entendu  en  Europe,  les  premiers  tendaient  et 
tendent  encore  de  tout  leur  pouvoir  a  aneantir  le  federalisme,  tandis 
les  derniers  ont  toujours  voulu  le  conserver.  Ce  contraste  fut  cree  par 
les  consolidateurs,  ou  les  Constituans,  qui  se  donnant  1'initiative  des 
denominations  (chose  en  revolution  si  importante  !)  prirent  pour  eux 
celle  qui  etait  la  plus  populaire,  quoique  elle  contredit  au  fonds  leurs 
idees,  et  donnerent  a  leurs  rivaux  celle  qui  devait  prevenir  contr'eux 
les  oreilles  du  Peuple  quoiqu*  ils  voulussent  reellement  conserver  un 
systeme  dont  ses  prejuges  cherissaient  au  moins  la  memorie  et  la  nom. 

Au  surplus,  ces  divisions  premieres,  de  la  nature  de  celles  que  le 
temps  devait  detruire  a  mesure  que  la  nation  aurait  avance  dans  1'essai 
d'une  forme  de  gouvernement,  qui  la  rendait  florissante,  auraient  au- 
jourdhui  completement  disparu,  si  le  systeme  de  finances  qui  naquit 
dans  le  berceau  de  la  Constitution  ne  leur  cut  donne  une  nouvelle 
vigueur  sous  des  formes  differentes.  Le  mode  d'organization  du  credit 
national,  la  consolidation,  la  foundation  de  la  dette  publique,  1'intro- 
duction  dans  1'economie  de  la  methode  des  Etats  qui  ne  prolongent 
leur  existence  ou  ne  different  leur  chute  que  par  des  expedins,  creerent 
imperceptiblement  une  classe  financiere,  qui  menace  de  devenir  1'ordre 
aristocratique  de  1'Etat.  Plusiers  citoyens,  et  entr'autres  ceux  qui 
avaient  aide  a  Tindependence  ou  de  leurs  bourses  ou  de  leurs  bras,  se 
sont  pretendus  leses  par  ces  arrangements  fiscaux.  Dela  une  opposi 
tion  qui  se  declare  entre  1'interet  foncier  ou  agricole,  et  1'interet  fiscal, 
le  federalisme  et  son  contraire  qui  se  fondent  sous  ces  denominations 
nouvelles  a  mesure  que  la  fisc  usurpe  la  preponderance  dans  le  gou 
vernement  et  la  legislation  :  dela  enfin  1'Etat  divise  en  partisans  et  en 
ennemis  du  tresorier  et  de  ses  theories.  Dans  cette  classification 
nouvelle  des  partis,  la  nature  des  choses  livrait  la  popularite  aux 
derniers:  un  instinct  inne,  pour  ainsi  dire,  revoke  les  oreilles  du 
Peuple  contre  les  seuls  de  fisc  et  d* agiotage :  mais  le  parti  contraire 
par  suite  de  son  habilete  s'obstinait  a  laisser  a  ses  adversaires  le  nom 
suspect  d'anti-ftde'ralistes,  pendant  qu'  au  fonds  ils  etaient  amis  de  la 


2/4  EDMUND  RANDOLPH. 

Constitution,  mais  ennemis  seulement  des  excrescences  que  les  theories 
financieres  menagaient  d'y  attacher. 

II  est  inutile  s'arreter  longtemps  &  etablir  que  le  systeme  mon- 
archique  etait  lie  a  ces  nouveautes  de  finances,  et  que  les  amis  des 
dernieres  favorisaient  les  tentatives  que  Ton  faisait  pour  y  arrierer  la 
Constitution  par  des  gradations  insensibles.  Les  ecrits  des  hommes  in- 
fluens  de  ce  parti  le  prouvent ;  et  les  journaux  du  Senat  sont  deposi- 
taires  des  premiers  essais. 

Franchissons  done  les  espaces  intermediaires,  oh  se  signalent  les 
progres  du  systeme,  puisqu'ils  ne  peuvent  rien  ajouter  a  les  preuves  de 
son  existence, — passons  sur  sa  sympathie  avec  nos  mouvements  re- 
generateurs,  tant  qu'ils  percourent  des  senders  monarchiques, — 
arrivons  k  la  situation  oti  notre  revolution  republicains  a  place  des 
choses  et  les  partis. 

Les  anti-federalistes  se  debarrassant  d'une  denomination  insignifi- 
ante,  et  prennant  celle  des  Patriotes  et  des  Republicains.  Leurs 
adversaires  deviennent  aristocrates,  malgre  leurs  efforts  pour  conserver 
le  prestige  avantageux  des  vieux  noms  ;  les  opinions  se  frottent  et 
se  pressent;  on  rappele  des  essais  d'aristocratie  qui  autrefois  avaient 
paru  insignifians  ;  on  attaque  le  tresorier  qu'on  en  regarde  comme 
la  source  premiere;  on  denonce  ses  operations  et  ses  plans  a  1'opinion 
publique  ;  on  reussit  meme  a  obtenir  dans  la  session  de  '92  et  '93 
une  enquete  solennelle  dans  son  administration.  Cette  premiere 
victoire  devait  en  produire  une  autre,  et  on  esperait  que  fautif  ou 
innocent,  le  tresorier  ne  s'en  retirerait  pas  moins,  par  force  dans  le 
premier  cas,  par  amour  propre  dans  1'autre.  Celui-ci,  enhardi  par  le 
triomphe  qu'il  obtient  dans  1'  enquete  inutile  de  ses  ennemis  dont 
les  deux  finis  avorterent  egalement,  seduit  d'ailleurs  par  des  revers 
momentaires  du  Republicanisme  en  Europe,  leve  le  masque  et  an- 
nonce  le  prochain  triomphe  de  ses  principes. 

Cependant  les  Societes  populaires  se  forment,  les  idees  politiques 
se  centralisent,  le  parti  patriotique  se  reunit  et  se  serre  ;  il  gague 
une  majorite  redoubtable  dans  la  legislature  ;  1'  abaissement  du  com 
merce,  1'  esclavage  de  la  navigation,  et  1'  audace  de  1'  Angleterre  le 
fortifient.  II  s'  eleve  un  concert  de  declarations  et  de  censure  centre 
le  gouvernement ;  ce  dernier  lui-meme  en  est  etonne. 

Telle  etait  la  situation  des  choses  vers  la  fin  de  1'  annee  dre  et  au 
commencement  de  celle-ci.  Parcourons  les  griefs  qui  s'  articulent  le 
plus  generalement  dans  ces  instans  critiques.  Us  t'  ont  ete  envoyes  a 
differentes  reprises  et  en  detail.  On  s'  eleve  partout  contre  la  mollesse 


THE  MISSISSIPPI  QUESTION.  2?$ 

du  gouvernement  envers  la  Grande  Bretagne,  1'  indefense  du  pays 
centre  invasions  possibles,  la  froideur  envers  la  Republique  Frangaise. 
On  attaque  le  systeme  de  finances  qui  menace  d'  eterniser  la  dette  sous 
la  pretexte  d'  en  faire  la  garantie  du  bonheur  public  ;  la  complication 
de  ce  systeme  qui  soustrait  a  la  surveillance  generale  toutes  ses  opera 
tions,  le  pouvoir  effrayant  de  1'  influence  qu'  il  procure  a  un  homme 
dont  on  regarde  les  principles  comme  dangereux,  la  preponderance  que 
cet  homme  acquiert  de  jour  en  jour  dans  les  mesures  publiques,  et 
enfin  les  modes  immoraux  et  impolitiques  de  taxation  qu'  il  pre- 
sente  d'  abord  comme  expediens  et  qu'  il  exige  ensuite  en  permanence. 

En  touchant  a  ce  dernier  point  nous  atteignons  le  principal  grief  des 
occidentaux,  et  le  motif  ostensible  de  leur  mouvement.  Republicans 
par  principe,  independans  par  caractere  et  par  situation,  ils  doivent  ac- 
ceder  avec  enthusiasme  aux  criminations  que  nous  avons  esquisse"es. 
Mais  1'excise  surtout  les  affects.  Leurs  terres  sont  fertiles,  arrosees 
par  les  plus  belles  eaux  du  monde  :  mais  les  fruits  abondans  de  leurs 
travaux  risquent  de  perir  faute  de  moyens  de  s'echanger,  comme  le  font 
ceux  de  cultivateurs  plus  heureux  contre  des  objets  que  le  desir  in- 
dique  a  tous  les  hommes  qui  ont  connu  seulement  les  fruissances  que 
procure  1'Europe.  Ils  transformed  done  1'excedent  de  leurs  produits 
en  liqueurs  grossierement  fabriquees,  qui  remplacent  mal  celles  qu'ils 
pourraient  se  procurer  par  T^change.  L'excise  nait  et  atteint  ces 
transformations  consolantes  ;  on  repond  a  leurs  plaintes  par  le  seul 
pretexte  qu'ils  sont  d'ailleurs  inaccessible  a  tout  impot.  Mais  pour- 
quoi  laisse-t-on  au  mepris  des  traites  porter  depuis  douze  ans  au  Mis 
sissippi  le  joug  du  foible  espagnol  ?  Depuis  quand  un  peuple  cultiva- 
teur  subit-il  1'injuste  loi  du  caprice  d'un  peuple  exploitateurs  de  me'- 
taux  precieux  ?  Ne  peut-on  pas  supposer  qui  Madrid  et  Philadelphie 
se  donnent  la  main  pour  prolonger  1'esclavage  du  fleuve,  que  les  pro- 
prietaires  d'une  cote  infeconde  craignent  que  le  Mississippi  une  fois 
ouvert  et  ses  nomb reuses  ramifications  rendues'a  Factivite",  leurs  cam- 
pagnes  ne  deviennent  desertes,  et  enfin  que  le  commerce  redoute 
d'avoir  sur  ces  dernieres  des  rivaux  des  que  leurs  habitans  cesseront 
d'etre  sujets?  Cette  derniere  supposition  n'est  que  trop  fondle  :  un 
membre  influent  dans  le  Senat,  M.  Izard,  1'a  e'noncee  un  jour  en  con 
versant  avec  moi  sans  de"guisement. 

Je  ne  m'etendrais  pas  autant  sur  les  murmures  qu'excite  le  systeme 
qui  preside  a  la  vente  des  terres.  On  trouve  injuste  que  ces  pays 
vastes  et  fe*conds  se  vendent  par  provinces  a  des  capitalistes  qui  s'en- 
richessent  ainsi  et  detaillent  avec  d'immenses  benefices  aux  cultiva- 


2/6  EDMUND  RANDOLPH. 

tears  des  possessions  qu'ils  n'ont  jamais  vues.  S'il  n?y  a  pas  un  dessin 
cache*  d'arreter  1'etablissement  rapide  de  ces  contrees,  ct  de  prolonger 
leur  etat  de  1'enfance,  pourquoi  ne  pas  ouvrir  dans  1'oucst  des  bu 
reaux  de  vente  de  terre  ou  tout  le  monde  soit  indistinctement  adrais  a 
acquerir  par  petite  ou  grande  quantite  ?  Pourquoi  de  reserver  de  ven- 
dre  ou  de  distribuer  a  des  favoris,  a  une  classe  de  flatteurs,  de  courti- 
zans  ce  qui  appartie  a  1'Etat  et  devrait  etre  vendu  au  plus  grand  profit 
possible  de  tous  ses  nombres. 

Telles  e"taient  done  les  parties  de  la  plainte  publique  sur  lesquelles 
les  Peuples  de  1'Ouest  appuyaient  d'avantage.  Or  comme  te  le  disent 
les  depeches  communs,  ces  griefs  etaient  syste"matises  par  les  discours 
d'hommes  infiuens  retires  dans  ces  contrees  agrestes,  et  qui  par  princi- 
pes  ou  par  suite  d'aigreurs  particulieres  animaient  des  mecontentemens 
deja  trop  pres  de  1'effervescence.  A  la  fin  1'explosion  locale  s'est 
operee.  Les  occidentaux  comptaient  etre  soutenus  par  des  hommes 
marquans  dans  1'Est,  et  croyaient  meme  avoir  dans  le  sein  du  gou- 
vernement  des  fauteurs  qui  partageassent  ou  leurs  griefs  ou  leurs  prin- 
cipes. 

D'apres  ce  qui  j'ai  etabli  plus  haut  ces  hommes  pouvaient  en  effet 
etre  supposes  nombreux.  La  session  de  '93  et  de  '94  avait  donne  de 
1'importance  au  parti  Republicain,  et  de  la  fixite  a  ses  accusations. 
Les  propositions  de  M.  Madison  ou  son  projet  d'acte  de  navigation, 
dont  M.  Jefferson  etait  originairement  1'auteur,  sapaient  1'interet  Bri- 
tannique,  part  integrante  aujourdhui  du  systeme  financier.  Mr.  Taylor, 
membre  Republicain  du  Senat,  a  public  vers  la  fin  de  session  trois 
pamphlets  oh  ce  dernier  est  explore  dans  son  origine,  develloppe  dans 
son  progres  et  ses  suites  avec  force  et  mehode.  Dans  le  dernier  il  as- 
surait  que  1'etat  de  choses  decrepit  qui  etait  le  resultat  de  ce  systeme 
ne  pouvait  sous  un  gouvernement  naissant  presager  qu*  une  revolution 
ou  une  guerre  civile. 

La  premiere  se  preparait :  le  gouvernement  qui  Tavait  prevue  repro- 
duisait  sons  diverses  formes  la  demande  d'une  force  disponible  qui  le 
mit  sur  une  respectable  defensive.  Dejoue  dans  cette  demarche,  qui 
peut  assurer  qu'il  n'ait  point  hate  1'eruption  locale  pour  faire  une  di 
version  avantageuse,  et  conjurer  1'orage  plus  generale  qu'il  voyait  se 
former  ?  Ne  suis-je  pas  autorise  a  former  cette  conjecture  sur  la  con 
versation  que  le  Secretaire  d'Etat  cut  avec  moi  et  Le  Blanc  seuls,  et 
dont  ma  depeche  No.  3  le  rend  compte  ?  Mais  comment  peut  on  es- 
perer  d'executer  ce  nouveau  plan  ?  Par  des  mesures  exasperentes  et 
severes,  qu'on  fut  autorise  a  prendre  par  une  loi  qui  ne  fut  sollicitee 


HAMILTON  MILITANT,  RANDOLPH  PACIFIC. 

qu*  &  la  fin  de  la  session.  Cette  loi  donnait  a  la  premiere  loi  sur  la  per 
ception  de  1'excise  tine  force  coercitive  qui  jusques  la  lui  manquait,  et 
qu'on  n'avait  point  ose  demander  encore.1  Au  moyen  de  cette  loi 
nouvelle  on  fit  poursuivre  avec  une  rigueur  subite  tous  les  citoyens 
refractaires  a  1'ancienne  ;  grand  nombre  d'assignations  furent  emises  ; 
on  attendait  sans  doute  les  suites  naturelles  d'une  conduite  si  brusque 
et  si  tranchante  ;  on  preparait  deja  les  moyens  de  repression  avant 
qu'elles  fussent  declarees  ;  c'etait  indubitablement  ce  que  M.  Randolph 
entendait  en  me  disant  que  sous  prttexte  de  donner  de  Venergie  au  gou- 
vernement,  on  voulait  introduire  le  pouvoir  absolu  et  fourvoyer  le  President 
dans  des  routes  qui  le  meneraient  a  rimpopularift. 

Soit  que  1'explosion  ait  ete  provoquee  par  le  gouvernement,  ou  que 
le  hazard  1'ait  fait  eclaire,  il  est  certain  qu'une  emeute  de  quelques  cen- 
taines  d'hommes  qui  ne  se  sont  pas  trouvees  rassembles  depuis  en 
armes,  et  la  reunion  tres  pacifique  des  comtes  aux  champs  de  Brad- 
dock,  reunion  qui  ne  s'est  pas  renouvellee,  n'etaient  point  des  symp 
toms  qui  justifiassent  la  leve'e  d'une  force  aussi  grande  que  15,000 
hommes.  Les  principes  enoncees  d'ailleurs  dans  les  declarations  jus- 
qu'ici  rendues  publics,  annoncaient  plutot  des  ames  ardentes  a  calmer, 
que  des  anarchistes  a  reduire.  Mais  pour  obtenir  quelque  chose  d'une 
opinion  publique  prevenire  contre  les  demandes  que  1'on  se  proposait 
de  faire,  il  fallait  grosser  les  dangers,  defigurer  les  vues  de  ces  peuples, 
leur  attribuer  le  dessin  de  s'unir  avec  1'Angleterre,  alarmer  les  cito 
yens  sur  le  sort  de  la  Constitution,  tandis  qu'au  fonds  la  revolution  ne 
menagait  que  les  ministres.  On  reussit  par  cette  demarche,  on  leva 
une  armee  ;  cette  partie  militaire  de  la  repression  est  sans  doute  de  Mr. 
Hamilton  ;  la  partie  pacifique  et  1'envoi  des  commissaires  sont  dus  a 
1'influence  de  Mr.  Randolph  sur  1'esprit  du  President,  que  j'aime 
toujours  a  croire  et  que  je  crois  veritablement  vertueux  et  1'ami  de  ses 
concitoyens  et  des  principes. 

Cependant  lorsmeme  qu'on  etait  sur  d'avoir  une  armee,  il  fallait  s'as- 
surer  encore  de  cooperateurs  parmi  les  hommes  dont  la  reputation  pa- 
triotique  pouvait  influencer  leur  parti,  et  dont  1'inertie  ou  le  tiedeur 
dans  les  conjunctures  actuelles  aurait  pu  compromettre  le  succes  des 
plans.  De  tous  les  gouverneurs  qui  devaient  paraitre  k  la  tate  des  re 
quisitions,  celui  de  Pennsylvanie  jouissait  seul  du  nom  du  Republi- 
cain  :  son  opinion  sur  le  Secretaire  de  la  tresorerie  et  ses  systemes 
etait  connue  pour  n'etre  pas  favorable.  Le  Secretaire  de  cet  Etat 

J  On  a  mentionne  cette  loi  au  travail  sur  les  lois  de  la  derniere  session  joint  au 
No.  9  de  la  correspondence  du  Ministre. 


2/8  EDMUND  RANDOLPH. 

possedait  beaucoup  d'influence  dans  la  societe"  populaire  de  Philadel 
phia,  qui  a  son  tour  influen9ait  celles  des  autres  Etats  :  il  meritait  par 
consequent  de  1'attention.  II  parait  done  que  ces  hommes  avec  d'au- 
tres  que  j 'ignore,  tous  ayant  sans  doute  Randolph  a  leur  tete,  balan- 
caient  a  se  decider  sur  son  parti.  Deux  ou  trois  jours  avant  que  la 
Proclamation  ne  fut  publiee,  et  par  consequent  que  le  Cabinet  cut  ar- 
rete  ses  mesures,  Mr.  Randolph  vint  me  voir  avec  un  air  fort  empresse 
et  me  fit  les  ouvertures  dont  je  t'ai  rendu  compte  dans  mon  No.  6. 
Ainsi  avec  quelques  milliers  de  dollars  la  Republique  aurait  decide  sur 
la  guerre  civile  ou  sur  la  paix  !  Ainsi  les  consciences  des  pretendus 
patriotes  en  Amerique  ont  deja  un  tarif  !  II  est  bien  vrai  que  la  certi 
tude  de  ces  conclusions  penibles  a  tirer  existera  eternellement  dans  nos 
archives  !  Quelle  vieillesse  aura  ce  gouvernement  s'il  est  d'aussi  bonne 
heure  decrepit  !  Telle  est,  citoyen,  la  consequence  evidente  du  sys 
teme  de  finances  con9u  par  M.  Hamilton.  II  a  fait  du  Peuple  entier 
un  Peuple  agrioteur,  speculateur,  interesse.  Les  richesses  seules  fixent 
ici  la  consideration  ;  et  comme  personne  n'aime  a  etre  meprise,  tout  le 
monde  les  poursuit.  Cependant  les  exces  de  ce  genre  n'ont  point  en 
core  passe  a  la  masse  du  Peuple  ;  les  effets  de  ce  systeme  pernicieux 
n'ont  fait  que  jusqu'ici  que  1'atteindre  encore  legerement.  II  y  a  en 
core  des  patriotes  dont  j'aime  a  avoir  une  idee  digne  de  ce  titre  im- 
posant.  Consulte  Monroe  ;  il  est  de  ce  nombre  ;  il  m'avait  prevenu 
sur  les  hommes  que  le  courant  des  evenements  a  entraines  comrne  des 
corps  demies  de  substance.  Son  ami  Madison  est  aussi  un  homme 
probe.  Jefferson,  sur  lequel  les  Patriotes  jettent  les  yeux  pour  rem- 
placer  le  President  avait  prevu  ces  crises.  II  s'est  retire  prudemment, 
pour  n'etre  point  force  a  figurer  malgre  lui  dans  des  scenes  dont  tot  ou 
tard  on  devoilera  le  secret. 

Sitot  qu'il  fut  decide  que  la  Republique  Frangaise  n'achetait  point 
des  hommes  a  leur  devoir,  on  vit  les  individus  sur  la  conduit  desquels 
le  gouvernement  pouvait  former  des  conjectures  inquietants,  se  livrer 
avec  une  ostentation  scandaleuse  a  ses  vues  et  seconder  de  meme  ses 
declarations.  Les  Societes  populaires  dmirent  bientot  des  resolutions 
teintes  du  meme  esprit  et  qui  malgre  qu'elles  ayant  pu  etre  conseil!6es 
par  1'amour  de  1'ordre,  auraient  cependant  pu  s'omettre,  ou  s'articuler 
avec  moms  de  solemnite.  Alors  on  voit  sortir  des  hommes  memes 
qu'on  avait  accoutume  de  regarder  comme  peu  partizans  du  systeme 
de  taxation  et  de  tre*sorier,  des  harangues  sans  fin  pour  donner  une 
direction  nouvelle  a  1'esprit  public.  Les  milices  cependant  temoignent 
de  la  repugnance,  particulierement  dans  la  Pennsylvanie  pour  le  ser- 


HAMILTON'S  DEEP  POLICY. 

vice  auquel  elles  sont  appellees.  Plusiers  officiers  resignent :  on  obti- 
ent  enfin  par  excursion  ou  par  discours  des  requisitions  incompletes, 
et  des  corps  de  volontaires  seme's  de  tous  les  partis  que  comblent  les 
deficits.  Combien  plus  interessants  que  les  hommes  versatiles  que  j'ai 
peints  ci-dessus,  etaient  ces  citoyens  simples  qui  repondaient  aux  sol- 
licitations  qui  leur  etaient  faites  de  prendre  parti  dans  les  volontaires  : 
"  Si  nous  sommes  requis,  nous  marcherons  parceque  nous  ne  voulons pas 
de  ne  point  avoir  de  gouvernement ;  mais  nous  armer  comme  volontaires, 
ce  serait  en  apparence  souscrire  implicitement  au  systeme  de  1'excise 
que  nous  reprouvons." 

Tout  ce  que  j'ai  dit  plus  haut  autorise  done  a  ce  qu'on  s'arrete  a 
Topmion  devenue  incontestable,  que  dans  la  crise  qui  a  eclate  et  dans 
les  moyens  employes  pour  ramener  1'ordre  la  question  veritable  e"tait 
Taneantissement  ou  le  triomphe  des  plans  du  tresorier.  Ceci  une  fois 
e"tabli,  passons  sur  les  faits  racontes  aux  d^peches  communes  et  voyons 
comment  le  gouvernement  ou  le  tresorier  va  tirer  du  coup  meme  qui  a 
menaga  son  systeme  1'occasion  sur  le  parti  adversaire,  et  de  faire  taire 
ses  ennemis  ouverts  ou  secrets.  L'armee  se  met  en  marche  :  le  Presi 
dent  declare  qu'il  va  la  commander  :  il  part  pour  Carlisle  ;  Hamilton 
a  ce  que  j'ai  appris  demand  a  le  suivre  ;  le  President  n'ose  le  refuser, 
II  n'est  pas  besoin  de  beaucoup  de  penetration  pour  diviner  le  but  de  ce 
voyage  :  dans  le  President  il  est  de  la  sagesse  ;  il  peut  meme  etre  de 
devoir.  Mais  dans  M.  Hamilton  c'est  une  suite  de  la  politique  pro- 
fonde  qui  dirige  tous  ses  pas  ;  c'est  une  mesure  dictee  d'ailleurs  par 
une  connaissance  exacte  de  cceur  humain.  De  quel  interet  n'est 
il  pas  pour  lui,  pour  son  parti  qui  chance'le  sous  le  poids  des 
evenements  au  dehors,  et  des  accusations  au  dedans,  d'afficher  une 
intimite  plus  parfaite  que  jamais  avec  le  President  dont  le  nom  est 
un  bouclier  suffisant  centre  les  attaques  les  plus  redoutables  ?  Or 
quelle  marque  plus  evidente  peut  donner  le  President  de  cette  intimite 
qu'en  souffrant  que  M.  Hamilton  dont  le  nom  sleu  est  entendu  dans 
1'ouest  comme  celui  d'un  ennemi  public,  vienne  se  montrer  a  la  tete  de 
1'armee  que  va  pour  ainsi  dire  faire  triompher  son  systeme  centre  Top- 
position  de  ce  Peuple  ?  La  presence  de  Mr.  Hamilton  &  1'armee  de- 
vait  le  rattacher  a  son  parte  plus  que  jamais  ;  on  sent  quelles  idees  ces 
circonstances  font  naitre  des  deux  cotes,  tout  cependant  £  1'avantage 
du  Secretaire. 

On  avait  camp£  depuis  trois  semaines  dans  1'ouest,  que  pas  un 
homme  arm£  ne  s'etait  montre.  Cependant  le  President  ou  ceux  qui 
voulaient  tirer  parti  de  cette  nouvelle  manoeuvre  firent  publier  qu'il 


28O  EDMUND  RANDOLPH. 

allait  commander  en  personne.  La  session  du  Congres  dtant  tres  pro- 
chaine,  on  votilait  se  Ton  aurait  pu  obtenir  a  ce  sujet  des  presses  qu'on 
croyait  changees,  un  silence  d'ou  Ton  aurait  pu  concluire  la  possibilite 
d'enfreindre  la  Constitution  dans  sa  partie  la  plus  essentielle  ;  dans 
cette  qui  fixe  les  rapports  du  President  avec  la  legislature.  Mais  les 
papiers  patriotiques  releverent  cette  tentative  adroit  :  J'ai  la  certitude 
que  les  bureaux  du  Secretaire  d'Etat  qui  restait  seul  a  Philadelphie  (car 
pendant  que  le  Ministre  des  finances  etait  a  1'armee  celui  de  la  guerre 
visitait  la  Province  du  Maine  a  400  miles  du  Philadelphie)  soutenaient 
la  polemique  en  faveur  de  1'opinion  qu'on  voulait  etablir.  On  parla 
de  comparison  entre  le  President  et  le  Monarque  Anglais,  qui  quoiqu' 
eloigne"  de  Westminster,  remplit  cependant  exactement  son  devoir  de 
sanction  ;  on  insistait  aussi  beaucoup  sur  ce  que  la  Constitution  pro- 
nonce  que  le  President  commande  la  force  armee  ;  on  a  conspue'  la 
similitude  ;  la  consequence  du  pouvoir  de  commander  en  personne 
qu'on  tirait  du  droit  de  commander  en  chef  (ou  diriger)  la  force  de 
1'Etat,  a  1  'etc  ridiculisee  et  reduite  a  1'absurde,  en  supposant  une  flotte 
a  la  mer  et  un  armee  sur  terre.  Le  resultat  de  cette  polemique  a  etc 
qu'on  a  annonce  quelques  jours  apres,  que  le  President  viendrait 
ouvrir  la  session  prochaine. 

Pendant  son  sejour  a  Bedford,  le  President  a  sans  doute  concerte  les 
plans  de  campagne  avec  M.  Lee  auquel  il  a  laiss£  le  commandement 
en  chef.  La  lettre  par  laquelle  il  lui  delegue  le  commandement  est 
celle  d'un  homme  vertueux,  au  moins  quant  a  la  majorite  des  senti- 
mens  qu'elle  contient ;  il  est  parti  ensuite  pour  Philadelphie,  ou  il  vient 
d'arriver,  et  M.  Hamilton  reste  avec  1'armee. 

Cette  derniere  circonstance  devoile  tout  le  plan  du  Secretaire  ;  il 
preside  aux  operations  militaires  pour  s'acquerir  aux  yeux  de  ses  enne- 
mis  un  relief  redoutable  et  imposant.  Lui  et  M.  Lee,  le  commandant 
en  chef,  se  conviennent  parfaitment  de  principes.  Les  Gouverneurs 
du  Jersey  et  du  Maryland  s'harmonisent  entierement  avec  eux  ;  celui 
de  Pennsylvanie,  dont  on  ne  1'aurait  jamais  soupgonne,  vit  avec  inti- 
mite  et  publiquement  avec  Hamilton.  Un  pareil  assemblage  serait 
pour  produire  de  la  resistance  dans  les  occidentaux  dans  le  cas  meme 
oh  ils  ne  songeraient  a  en  faire  aucune. 

Les  soldats  eux  memes  sont  etonnes  de  la  scandaleuse  gaiete  avec 
laquelle  ceux  qui  possedent  le  secret,  arfichent  leur  prochain  triomphe. 
On  se  demande  a  quoi  serveront  15,000  hommes  dans  ces  pays  ou  les 
subsistances  sont  rares,  et  ou  il  n'y  a  que  quelques  hommes  turbulents 
a  aller  saisir  a  leur  charrue.  Ceux  qui  conduisent  1'exposition  le  sa- 


ARISTOCRATIC  TENDENCIES.  2  8 1 

vent  ,  il  s'agit  de  faire  une  forte  defense  ;  quand  on  viendra  a  la  repar 
tition  des  sommes,  personne  ne  vondra  payer,  et  ce  sera  en  maudissant 
les  principes  insurrecteurs  des  patriotes  qu'on  payera  les  quotes  im- 
posees. 

II  etait  impossible  de  faire  une  manoeuvre  plus  habile  a  1'ouverture 
du  Congres.  Les  passions,  1'indignation  genereuse,  qui  avaient  agite 
dans  la  derniere  session  les  esprits,  allaient  renaitre  avec  plus  de  vigueur 
encore  ;  on  n'avait  rien  a  annon^er  des  brillants  succes  qu'on  avait 
promis.  Des  hostilites  de  la  Grande  Bretagne  sur  le  Continent  si  long- 
terns  deguisees  et  devenues  evidentes,  un  commerce  toujours  vexe,  des 
negociations  derisoires  trainant  a  Londres  en  attendant  que  des  terns 
nouveaux  autorissasent  de  nouvelles  insultes  ;  tel  etait  le  tableau 
qu'on  allait  avoir  a  offrir  aux  Representans  du  Peuple.  Mais  cette 
crise  et  les  grandes  mouvemens  qu'on  fait  pour  en  prevenir  les  suites 
changent  1'etat  des  choses.  Avec  quel  avantage  on  va  denoncer 
une  attaque  atroce  sur  la  Constitution,  et  faire  valoir  1'activite 
qu'on  a  remise  a  la  reprimer  ;  le  parti  aristocratique  aura  bientot  en- 
tendu  le  secret  ;  tous  les  malheurs  vont  etre  attribues  aux  Patriotes ;  le 
parti  de  ces  derniers  va  etre  deserte  par  tous  les  hommes  faibles,  et 
cette  session  entiere  aura  ete  gagnee. 

Qui  sait  jusqu'ou  Ton  ne  portera  point  ce  triomphe  ?  Peutetre  en 
profitera-t-on  pour  obtenir  des  loix  qui  renforcent  le  gouvernement 
et  precipitant  encore  la  pente  deja  visible  qu'il  a  vers  1'aristocratie. 

Telles  sont,  citoyen  les  donnees  que  je  possede  sur  ces  evenements 
et  les  consequences  que  j'en  tire  :  je  souhaite  que  nos  calculs  soient 
de£us,  et  le  bon  esprit  du  Peuple,  son  attachement  aux  principes  me 
le  font  esperer.  J'ai  peutetre  dans  cette  depeche  tombe  dans  la  repe* 
tition  des  reflexions  et  des  faits  deja  contenues  ailleurs  ;  mais  j'ai  voulu 
te  presenter  1'ensemble  des  vues  que  je  suis  fonde  a  supposer  au  parti 
dominateur  et  des  manoeuvres  habiles  qu'il  invente  pour  se  soutenir. 
Sans  partager  les  passions  des  partis,  je  les  observe  ;  et  je  dois  a  mon 
pays  un  compte  exact  et  severe  de  la  situation  des  choses.  Je  me  ferai 
un  devoir  de  te  tenir  au  cours  de  tous  les  changemens  qui  pourraient 
survenir ;  je  vais  surtout  m'appliquer  a  penetrer  1'esprit  de  la  Legisla 
ture.  II  ne  determinera  pas  peu  1'idee  finale  que  Ton  doit  avoir  de  ces 
mouvemens,  et  ce  qu'on  doit  reellement  en  craindre  ou  en  esperer. 
Salut  et  Fraternite. 

(Signed)  Jh.  FAUCHET. 


CHAPTER  XXVII. 

THE   ORDEAL. 

FIVE  days  after  the  "  fortunate  discovery,"  as  Mr.  Wolcott 
called  it,  Col.  Pickering,  Secretary  of  War,  writes  to  the  President : 

"  On  the  subject  of  the  treaty  I  confess  that  I  teel  extreme  solici 
tude  ;  and  for  a  special  reason,  which  can  be  communicated  to  you  only 
in  person.  I  entreat,  therefore,  that  you  will  return,  with  all  convenient 
speed,  to  the  seat  of  government.  In  the  meantime,  for  the  reason 
above  referred  to,  I  pray  you  to  decide  on  no  important  political 
measure,  in  whatever  form  it  may  be  presented  to  you. 

"  Mr.  Wolcott  and  I  (Mr.  Bradford  concurring)  waited  on  Mr. 
Randolph,  and  urged  his  writing  to  request  your  return.  He  wrote  in 
our  presence  ;  but  we  concluded  a  letter  from  one  of  us  also  expedient. 

"With  the  utmost  sincerity  I  subscribe  myself,  yours  and  my 
country's  friend,  TIMOTHY  PICKERING. 

"  This  letter  is  for  your  own  eye  alone." 

The  unwitting  Randolph  having  written  his  letter,  the  Presi 
dent  arrived  in  Philadelphia  on  August  1 1.  He  sent  for  Randolph 
to  dine  with  him,  and  the  two  were  sitting  cheerfully  at  the  table 
when  Col  Pickering  arrived.  Taking  a  last  glass  of  wine  Wash 
ington  "  winked  "  at  him  (so  Pickering  says),  and  they  withdrew 
into  another  room,  where  the  Secretary  of  War  said  :  "  That  man 
is  a  traitor,"  and  gave,  in  his  own  fashion,  an  intimation  of  what 
Fauchet's  despatch  said  of  Randolph.  "  Let  us,"  said  Washing 
ton,  "  return  to  the  other  room  to  prevent  any  suspicion  of  the 
cause  of  our  withdrawing."  On  August  12  there  was  a  heated 
discussion  of  the  treaty,  Pickering  declaring  the  opposition  a 
"  nefarious  conspiracy."  The  President  at  rising  said  :  "  I  will 

282 


A   DARK  SEANCE.  283 

ratify  the  treaty."  Randolph  was  astounded,  but  there  was  no 
intimation  that  this  change  of  front  had  any  thing  to  do  with 
himself.  On  the  next  day  Randolph  gave  to  the  President  the 
despatches  he  had  sent  Monroe  in  his  absence, — those  of  July  21 
and  29.  Notwithstanding  the  assertions  of  Fauchet's  treachery 
in  the  latter,  no  hint  was  given  by  Washington  that  any  thing  was 
on  his  mind.  After  Randolph  had  gone,  Wolcott,  Bradford,  and 
Pickering  came,  and  there  was  a  consultation  over  the  intercepted 
despatch.  This  continued  from  day  to  day.  Washington  kept 
by  his  side  the  intercepted  despatch  and  the  translation  by  Col. 
Pickering,  who  says  he  did  not  understand  French,  but  made  it 
out  with  help  of  a  dictionary. 

In  1806  Mr.  Wolcott,  at  Judge  Marshall's  request,  wrote  his. 
account  of  the  Fauchet-Randolph  affair  : 

"  That  you  may  judge  for  yourself  of  the  President's  impressions,  I 
shall  transcribe  a  note  in  his  handwriting  which  he  delivered  to  me,, 
and  which  has  constantly  remained  in  my  possession. 

' t  At  what  time  should  Mr.  F's.  letter  be  made  known  to  Mr.  R.  ? 

"  '  What  will  be  the  best  mode  of  doing  it  ?  In  presence  of  the 
Secretaries  and  Attorney  General  ? 

1  i  If  the  explanations  given  by  the  latter  are  not  satisfactory, 
whether,  besides  removal,  are  any  other  measures  proper  to  be  taken, 
and  what  ? 

"  '  Would  an  application  to  Mr.  A.  to  see  the  paragraphs  in  Nos.  3 
and  6,  alluded  to  in  Fauchet's  letter,  be  proper  ?  These  might  condemn 
or  acquit  unequivocally.  And  if  innocent,  whether  R.  will  not  apply 
for  them  if  I  do  not  ? 1 

1  '  If  upon  the  investigation  of  the  subject,  it  should  appear  less 
dark  than  at  present,  but  not  so  clear  as  to  restore  confidence,  in  what 
light,  and  on  what  ground  is  the  removal  to  appear  before  the  public  ? 

"  *  What  immediate  steps  are  necessary  to  be  taken  as  soon  as  the 
removal  of  R.  is  resolved  on,  if  that  should  be  the  case,  with  respect  to 
the  archives  in  that  office  ? 

1  *  If  the  letter  of  F.  is  the  only  evidence  and  that  thought  sufficient 
to  the  removal,  what  would  be  the  consequence  of  giving  the  letter  to 

1  That  is  just  what  Randolph  did. 


284  EDMUND  RANDOLPH. 

the  public  without  any  comments,  as  the  ground  on  which  the  measure 
of  the  Executive  respecting  the  removal  is  founded  ?  It  would  speak 
for  itself  ;  a  part,  without  the  whole,  might  be  charged  with  unfairness. 
The  public  would  expect  reasons  for  the  sudden  removal  of  so  high  an 
officer,  and  it  will  be  found  not  easy  to  avoid  saying  too  little  or  too 
much  upon  such  an  occasion,  as  it  is  not  to  be  expected  that  the  re 
moved  officer  will  acquiesce  without  attempting  a  justification,  or  at 
least  to  do  away  by  explanation  the  sting  of  the  letter  of  accusation  ; 
unless  he  was  let  down  easily,  to  do  which  I  see  no  way  ;  for  if  guilty 
of  what  is  charged,  he  merits  no  favor,  and  if  he  is  not,  he  will  accept 
none  ;  and  it  is  not  difficult  to  perceive  what  turn  he  and  his  friends 
will  give  to  the  act,  namely,  that  his  friendship  for  the  French  nation, 
and  his  opposition  to  a  complete  ratification  have  been  the  cause.' 

"  The  two  first  of  these  questions  were  decided  by  the  President, 
uninfluenced,  as  far  as  my  knowledge  and  belief  extends,  by  any  sug 
gestions  from  the  officers  of  government.  He  was  greatly  dissatisfied 
that  the  instructions  and  memorial  had  not  been  prepared  and  sub 
mitted  to  the  consideration  of  the  Secretaries  and  Attorney-General 
that  their  reports  might  be  formed,  and  he  peremptorily  resolved  that 
whether  Mr.  Randolph  was  innocent  or  culpable,  he  would  require  of 
him  the  performance  of  a  service  which  was  his  official  duty,  and 
which  ought  to  have  been  long  before  completed. 

"  It  was  my  earnest  wish  to  be  excused  from  being  present  at  the 
interview,  when  Fauchet's  letter  was  delivered  to  Mr.  Randolph.  The 
President,  however,  determined  otherwise,  and  inserted  his  decision 
on  the  note  I  have  transcribed.  He  observed,  that  Fauchet's  letter  had 
necessarily  excited  suspicions  ;  that  it  was  proper  that  the  officers  of 
government,  equally  with  himself,  should  possess  the  same  opportuni 
ties  of  having  those  suspicions  removed  or  established  ;  and  that  not 
withstanding  the  long  connection  which  had  subsisted  between  Mr. 
Randolph  and  himself,  he  was  persuaded  that  any  explanations  that 
would  satisfy  his  own  mind  would  also  be  satisfactory  to  the  officers  of 
the  government.  After  mature  consideration  it  was  considered  to  be 
improper  to  make  any  application  to  Mr.  Adet  ;  that  it  was  improbable 
Mr.  Adet  would  permit  his  records  to  be  inspected  ;  that  neither  Fau 
chet's  dispatch  nor  any  certificate  of  the  French  Minister  could  be  re 
garded  as  conclusive  evidence  in  favor  of  or  against  Mr.  Randolph  ; 
that  Mr.  Randolph's  conduct  at  the  time  an  explanation  was  required 
would  probably  furnish  the  best  means  of  discovering  his  true  situation 
and  of  duly  estimating  the  defence  he  might  make. 


MIND-READING.  28$ 

"  When  the  letter  was  delivered  to  Mr.  Randolph,  the  President 
requested  him  to  read  it  and  make  such  observations  thereon  as  he 
thought  proper.  He  silently  perused  it  with  composure  till  he  arrived 
at  the  passage  which  refers  to  his  *  precious  confessions/  when  his 
embarrassment  was  manifest.  After  a  short  hesitation,  he  proceeded 
to  look  over  the  letter  with  great  attention.  When  the  perusal  was 
completed,  he  said  with  a  smile  which  I  thought  forced  :  '  Yes,  sir,  I 
will  explain  what  I  know.'  He  then  commenced  reading  the  letter  by 
paragraphs,  and  though  a  great  part  of  it  contained  nothing  interesting 
to  himself,  yet  he  commented  on  every  part.  His  remarks  were  very 
desultory,  and  it  was  evident  that  he  was  considering  what  explanations 
he  should  give  of  the  most  material  passages.  As  he  was  not  inter 
rupted  it  was,  however,  impossible  to  speak  with  precision  on  one  sub 
ject  while  his  reflections  were  employed  on  other  subjects.  When  he 
arrived  at  the  passage  in  which  Fauchet  refers  to  the  overtures  men 
tioned  in  No.  6,  and  the  tariff  which  regulated  the  consciences  of  cer 
tain  *  pretended  patriots,'  his  conduct  was  very  remarkable.  He 
expressed  no  strong  emotion,  no  resentment  against  Fauchet.  He 
declared  that  he  could  not  certainly  tell  what  was  intended  by  such 
remarks.  He  said  that  he  indeed  recollected  having  been  informed 
that  Mr.  Hammond  and  other  persons  in  New  York,  were  contriving 
measures  to  destroy  Governor  Clinton,  the  French  Minister,  and  him 
self,  and  that  he  had  inquired  of  Mr.  Fauchet  whether  he  could  not  by 
his  flour  contractors  provide  the  means  of  defeating  machinations. 
He  asserted,  however,  that  he  had  never  received  or  proposed  to  re 
ceive  money  for  his  own  use  or  that  of  any  other  person,  and  had 
never  made  any  improper  communications  of  the  measures  of  govern 
ment. 

"  One  question  only  was  put  to  Mr.  Randolph,  namely,  how  he  in 
tended  to  be  understood  when  he  represented  Mr.  Hammond  as  con 
triving  to  destroy  Governor  Clinton,  Mr.  Fauchet,  and  himself  ?  His 
answer  was,  that  their  influence  and  popularity  were  to  be  destroyed." 

Pickering's  testimony  is  as  follows : 

"The  President  desired  us  to  watch  Randolph's  countenance 
while  he  perused  it.  The  President  fixed  his  eye  upon  him  ;  and  I 
never  before  or  afterwards  saw  it  look  so  animated.  Randolph  (to 
whom  the  French  language  was  familiar)  read  through  the  long  letter 
without  any  visible  emotion.  This  was  admitted  by  the  President, 
Wolcott,  Bradford,  and  myself,  as  soon  as  Randolph  withdrew.  When 


286  EDMUND  RANDOLPH. 

the  latter  had  reached  the  end  of  the  letter  he  very  deliberately  said  to 
the  President  :  '  If  I  may  be  permitted  to  retain  this  letter  a  short  time, 
I  shall  be  able  to  explain  in  a  satisfactory  manner  every  thing  in  it 
which  has  reference  to  me.'  'Very  well,'  answered  the  President, 
'  retain  it.' l  But,  instead  of  giving  the  preposed  explanation,  Ran 
dolph  sent  in  his  resignation." 

The  only  contemporary  narrative  is  that  of  Randolph.2  On 
August  19,  on  his  way  to  the  President  at  9  A.M.,  the  usual  hour, 
he  met  the  steward,  who  said  the  President  desired  his  visit  post 
poned  till  10.30.  Arriving  at  this  time  he  learned  that  Wolcott 
and  Pickering  had  been  there  some  time,  and  supposed  the  stew 
ard  had  made  a  mistake.  The  President  rose  with  great  formality, 
and  after  a  few  words  handed  him  the  French  despatch,  saying : 
"  Mr.  Randolph  !  here  is  a  letter  which  I  desire  you  to  read,  and 
make  such  explanations  as  you  choose." 

"  On  reading  the  letter  I  perceived  that  two  of  the  most  material 
papers,  which  were  called  the  dispatches  Nos.  3  and  6,  were  not  with 
it.  ...  Being  thus  suddenly,  and  without  any  previous  intimation, 
called  upon  before  a  council,  which  was  minutely  prepared  at  every 
point  ;  not  seeing  two  of  the  most  essential  references  ;  and  having  but 
an  imperfect  idea  of  most  of  the  circumstances  alluded  to,  I  could  only 
rely  on  two  principles,  which  were  established  in  my  mind  :  the  first 
was,  that  according  to  my  sincere  belief  I  never  made  an  improper 
communication  to  Mr.  Fauchet ;  the  second  was,  that  no  money  was 
ever  received  by  me  from  him,  nor  any  overture  made  to  him  by  me 
for  that  purpose.  My  observations  therefore  were  but  short.  How 
ever,  I  had  some  recollection  of  Mr.  Fauchet  having  told  me  of 
machinations  against  the  French  Republic,  Gov.  Clinton  and  myself  ; 
and  thinking  it  not  improbable  that  the  overture  which  was  spoken  of 
in  No.  6,  might  be,  in  some  manner,  connected  with  the  business,  and 
might  relate  to  the  obtaining  of  intelligence,  I  mentioned  my  im 
pression  ;  observing  at  the  same  time  that  I  would  throw  my  ideas  on 
paper.  The  President  desired  Messrs.  Woteott  and  Pickering  to  put 
questions  to  me.  This  was  a  style  of  proceeding  to  which  I  would  not 
have  submitted  had  it  been  pursued." 

1  A  mistake.  Randolph  in  his  resignation  asks  for  the  letter,  and  Washington  ia 
reply  (Aug.  20)  promises  a  copy. 

8  In  his  Vindication  ;  the  material  facts  of  which  are  used. 


RESIGNATION  OF  OFFICE.  28/ 

The  President  was  called  out  during  the  interview,  and  on 
his  return  desired  Randolph  to  step  into  another  room,  while  he 
should  converse  with  Messrs.  Wolcott  and  Pickering  upon  what 
he  had  said.  Randolph  was  recalled  after  three  quarters  of  an 
hour.  Few  words  passed.  The  evening  (Aug.  19)  brought  the 
President  Randolph's  resignation. 

"  Immediately  upon  leaving  your  house  this  morning  I  went  to  the 
office  of  the  Department  of  State,  where  I  directed  the  room,  in  which 
I  usually  sit,  to  be  locked  up,  and  the  key  to  remain  with  the  messen 
ger.  My  object  in  this  was  to  let  all  the  papers  rest  as  they  stood. — 
Upon  my  return  home  I  reflected  calmly  and  maturely  upon  the  pro 
ceedings  of  this  morning.  Two  facts  immediately  presented  them 
selves  ;  one  of  which  was,  that  my  usual  hour  for  calling  upon  the 
President  had  not  only  been  postponed  for  the  opportunity  of  consult 
ing  others  upon  a  lettter  of  a  foreign  minister,  highly  interesting  to  my 
honour,  before  the  smallest  intimation  to  me  ;  but  they  seemed  also  to 
be  perfectly  acquainted  with  its  contents,  and  were  expected  to  ask 
questions  for  their  satisfaction.  The  other  was,  that  I  was  desired  to 
retire  into  another  room,  until  you  should  converse  with  them  upon 
what  I  had  said. — Your  confidence  in  me,  sir,  has  been  unlimited  ; 
and  I  can  truly  affirm,  unabused.  My  sensations  then  cannot  be  con 
cealed,  when  I  find  that  confidence  so  immediately  withdrawn  without 
a  word  or  distant  hint  being  previously  dropped  to  me  !  This,  sir,  as 
I  mentioned  in  your  room,  is  a  situation  in  which  I  cannot  hold  my 
present  office,  and  therefore  I  hereby  resign  it." 

Randolph's  colleagues  were  surprised  by  his  resignation.  So 
little  could  they  appreciate  the  man  they  struck  down.  But  even 
their  sensibilities  might  have  recognized  their  colleague's  situa 
tion  had  they  known  all  that  had  passed,  between  Washington 
and  his  comrade  of  twenty  years,  during  the  eight  days  between 
the  arrival  from  Mount  Vernon  and  the  sacrifice  of  that  comrade. 
Twice  during  that  period  had  Washington  invited  Randolph  to 
cline  with  chosen  friends,  and  given  him  the  seat  of  honor  at  his 
table.  On  August  14  Washington  went  from  the  secret  consulta 
tion  to  Randolph's  house — for  once  disregarding  the  etiquette 
so  carefully  observed, —and  dandled  the  children  on  his  knee. 


288  EDMUND  RANDOLPH, 

Wolcott  intimates  that  the  reason  for  this  suppression  of  the 
letter  was  that  the  President  was  resolved  that  Randolph  should 
prepare  and  sign  the  memorial.  In  a  letter  to  Randolph  of  Sept. 
27  the  President  says  :  "  Your  signature  as  Secretary  of  State  to 
the  ratification  of  the  treaty  having  been  given  on  the  I4th  of 
August — and  your  resignation  not  taking  place  until  the  iQth,  it 
became  necessary,  in  order  to  be  consistent  (the  original  being 
despatched),  that  the  same  countersign  should  appear  on  the 
copies — otherwise  this  act  would  not  have  been  required  of  you." 
But  Washington  never  explained  why  he  did  not  reveal  the 
letter  to  Randolph  when  he  received  it,  or  why,  disregarding 
custom,  he  visited  the  Secretary  in  his  home,  on  the  day  when 
the  terrible  task  was  imposed  of  humiliating  himself  before  Mr. 
Hammond. 

On  that  day,  August  14,  Hammond  transmitted  the  altered 
memorial  to  Lord  Grenville,  adding :  "  When  he  delivered  it  to 
me  Mr.  Randolph  did  not  attempt  to  conceal  his  chagrin  upon 
the  occasion,  but  voluntarily  confessed  that  his  opinion  had  been 
overruled  in  the  President's  Cabinet." 

So  much  was  Edmund  Randolph  able  to  endure  from  simple 
loyalty  and  affection  for  the  man  at  whose  feet  he  was  to  fall  as 
a  victim  five  days  later.  "  Of  my  fidelity  you  never  entertained  a 
doubt,"  said  Randolph  confidently  to  Washington,  in  that  trag 
ical  hour.  There  was  no  reply. 

Randolph  was,  indeed,  brought  down  with  arrows  feathered 
from  his  own  filial  breast.  Jealousy  for  the  President's  dignity 
had  caused  him  to  inform  Jay  in  London  of  Hammond's  affronts, 
thereby  causing  that  minister's  recall,  and  earning  his  resent 
ment.  A  similar  disrespect  in  Fauchet  had  estranged  him  from 
that  Minister,  whose  calumnies  returned  on  him.  Without  pay 
ment  he  had  built  up  Washington's  estates,  while  his  own  went 
to  ruin  ;  he  was  unwilling  to  accept  fees  which  might  have  lessened 
the  difficulties  utilized  by  enemies  to  render  the  charge  of  venality 


"WHEN  THOU  SHALT  BE   OLD."  289 

plausible.  In  Washington's  defence  he  had  assailed  the  "  demo 
cratic  societies  "  which  censured  the  President,  so  earning  the 
distrust  of  the  French  party.  By  Washington's  desire  he  had 
pursued  Fauchet  into  the  country,  and  soothed  his  anger  with 
the  assurances  of  the  President's  friendship  for  France,  which  the 
Frenchman  utilized  to  suit  himself.  When  Hamilton  revealed 
Washington's  letters  sanctioning  his  use  of  the  loan,  Randolph 
shielded  the  President  in  the  only  way  possible,  but  one  which 
turned  the  wrath  of  Hamilton  on  himself.  This  is  but  a  partial 
list  of  Randolph's  self-forgetting  services  to  Washington  which 
came  back  on  his  devoted  head.  At  an  earlier  period  of  life 
Washington  might  have  had  the  delicacy  to  realize  these  things. 
The  weakness  of  age  which  Jefferson  remarked  in  the  great  man 
in  1793  had  terribly  advanced  under  two  years  of  unceasing 
worry.  "  When  thou  shalt  be  old  thou  shalt  stretch  forth  thy 
hands,  and  another  shall  gird  thee,  and  carry  thee  whither  thou 
wouldst  not." 


CHAPTER    XXVIII. 

REVELATIONS    FROM    ENGLISH   ARCHIVES. 

THE  Foreign  Office  Archives  in  London,  hospitably  opened 
to  me,  have  yielded  facts,  hitherto  unpublished,  essential  to  the 
right  understanding  of  this  history.1 

Mr.  Jay  and  Lord  Grenville  affixed  their  signatures  to  the 
treaty  on  the  19  Nov.  1794.  On  the  day  following,  three  de 
spatches  (Nos.  20,  21,  22),  were  written  from  Downing  Street  to 
Hammond.  No.  20  encloses  the  signed  treaty ;  says  that  Jay's 
conduct  has  been  entirely  satisfactory.  "Some  points  which 
remain  unadjusted  will  be  the  subject  of  a  communication  from 
him  (Jay)  to  Mr.  Randolph,  with  whom,  it  is  hoped,  the  same 
spirit  will  prevail."  No.  20  seems  meant  for  the  eyes  of  Jay  and 
Randolph.  No.  21,  of  the  same  date,  is  confidential.  It  states 
that  the  Indian  war  on  the  northwest  frontier  had  been  discussed 
with  Mr.  Jay.  It  is  desirable  that  the  war  should  be  concluded. 
Lord  Grenville  suggests  that  Hamilton  (Secretary  of  the  Treas 
ury)  should  be  conferred  with  confidentially  with  a  view  to 
concluding  some  arrangement  with  the  Indians. 

"  There  are  many  reasons  for  wishing  that  the  discussion  of  this 
important  business  may  if  possible  pass  between  you  and  Mr.  Hamil 
ton  without  any  communication  of  it  being  made  to  Mr.  Randolph,  at 
least  until  it  shall  have  been  brought  to  a  state  in  which  it  may  be  ren 
dered  public  ;  as  the  whole  conduct  of  that  gentleman  since  his  first 
appointment  to  the  official  situation  he  now  holds  has  given  the  greatest 
dissatisfaction  here  ;  and  particularly  as  with  respect  to  the  Indian  war 

1  In  the  summaries  I  follow  nearly  the  language  of  my  intelligent  English 
copyist,  my  own  occasional  comments  being  given  in  foot-notes. 

290 


THE  INDIAN1  WAR  UTILIZED.  29! 

and  to  the  unfounded  assertions  on  that  subject  which  he  has  thought 
proper  to  bring  forward  in  his  correspondence  with  you  and  to  circu 
late  through  the  whole  of  the  country  by  the  publication  of  that  corres 
pondence.1  I  have  not  failed  to  express  to  Mr.  Jay  the  sentiments  of 
H.  M.  government  on  this  conduct  of  the  American  Secretary  of  State, 
and  I  think  it  is  not  improbable  that  Mr.  Jay  will  represent  it  in  a 
proper  point  of  view  to  his  government  ;  but,  in  order  to  put  the  busi 
ness  on  a  proper  footing,  and  to  remove  any  impressions  which  may 
have  been  made  in  America  by  such  false  representations,  it  has  been 
agreed  between  Mr.  Jay  and  me  that  he  shall  write  me  a  letter  on  this 
subject,  in  answer  to  which  I  shall  have  the  opportunity  of  disclaiming 
the  fact  of  any  instructions  having  ever  been  given  from  hence  to  stir 
up  the  Indians  against  the  United  States.  You  will  observe  that  what 
I  have  hitherto  stated  applies  with  equal  force  to  almost  any  mode  by 
which  the  Indian  war  may  be  terminated  ;  but  it  is  much  to  be  desired 
that  this  object  may  be  accomplished  by  the  assistance  and  through  the 
mediation  of  this  country.  You  will  therefore  not  fail  to  exert  your 
self  to  the  utmost  to  bring  forward  this  point,  which  must  however  be 
done  with  caution  and  delicacy  ;  as  too  great  an  eagerness  on  our  part 
may  give  room  to  unfounded  jealousies  on  that  of  the  American  gov 
ernment.  The  strongest  inducement  to  be  held  out  to  that  government 
will  be  the  showing  them  that,  if  the  Indian  war  should  be  satis 
factorily  concluded  by  the  interference  of  H.  M.  government  in 
America,  it  would  naturally  follow  that.  His  Majesty  and  the  United 
States  might  then  enter  into  a  mutual  guaranty  of  such  arrangements." 

No.  22,  of  the  same  date,  refers  particularly  to  Mr.  Randolph's 
conduct  in  the  publication  of  official  correspondence  between  the 
public  ministers  of  two  governments,  as  "  perfectly  improper," 
"  unusual,"  "  fraught  with  obvious  inconveniences,"  increases  ir 
ritation  and  animosity  in  minds  of  people  at  large.2  The  style  of 
Mr.  Randolph's  letters  is  equally  blamable.  "  These  letters  uni 
formly  breathe  a  spirit  of  hostility  towards  Great  Britain  and  a 

1  The  correspondence  was  laid  before  Congress  by  the  President  and  so  given  to 
the  world.     Jay  must  have  known  this. 

2  The  President,  in  publishing  the  correspondence,  dealt  with  a  popular  animosity 
already  awakened  by  the  menaces  of  Dorchester  and  Simcoe,  and  which  could  not  be 
satisfied  without  knowledge  of  the  stand  he  had  taken.     As  Grenville  writes  under  a 
king  who  can  "do  no  wrong"  save  through  his  ministers,  allowance  must  be  made 
for  his  laying  every  thing  at  Randolph's  door. 


292  EDMUND  RANDOLPH. 

desire  of  turning  to  that  object  every  event  which  has  occurred." 
Expressions  of  the  letter  addressed  by  Mr.  Randolph  to  the 
French  convention  go  far  beyond  the  resolution  of  Congress  on 
which  they  are  grounded,  and  are  inconsistent  with  assurances  of 
friendliness.  Publication  by  Mr.  Randolph  of  list  of  American 
shipping  supposed  to  have  been  taken  by  Great  Britain  highly 
improper  and  inflammatory.  The  insinuation  that  the  Indian 
war  has  been  promoted  and  encouraged  by  England  cannot  be 
proved  by  conduct  of  a  few  unauthorized  individuals  joining  the 
Indians.  It  is  impossible  that  friendship  and  harmony  prevail 
while  conduct  of  this  kind  continues.  Lord  Grenville  suggests 
that,  "  without  making  any  ministerial  remonstrance,  you  should 
converse  confidentially  on  this  subject  with  those  persons  in 
America  who  are  friends  to  a  system  of  amicable  intercourse  be 
tween  the  two  countries  ;  in  the  view  that  some  steps  may  be 
taken  in  respect  to  this  affair,  so  as  either  to  convince  Mr.  Ran 
dolph  of  the  necessity  of  his  adopting  a  different  language  and 
conduct,  or  at  least  to  replace  him  in  a  situation  where  his  per 
sonal  sentiments  may  not  endanger  the  peace  of  two  countries 
between  whom  I  trust  a  permanent  union  is  now  established." 
He  advises  that  this  be  done  with  prudence  and  delicacy. 

On  15  April  1795  Grenville  expresses  uneasiness  at  hearing 
nothing  of  the  treaty's  arrival  in  Philadelphia.  Under  date  of 
Feb.  23  Hammond  explains  that  unless  the  treaty  arrives  before 
March  3,  "  on  which  day  Congress  must  necessarily  adjourn  (on 
account  of  its  being  the  expiration  of  the  period  for  which  the 
House  of  Representatives  was  elected),  it  is  understood  that  90 
days  must  elapse  before  the  President  can  again  convene  the 
Senate."  On  March  7  Hammond  reports  having  just  received  a 
note  from  Mr.  Randolph  announcing  the  arrival  of  Captain 
Blaney  at  Baltimore  with  the  treaty.  May  9  Grenville  instructs 
Hammond  that  Parliament  cannot  be  kept  sitting  until  the  treaty, 
if  ratified,  arrives.  "  Advice  having  been  received  here  of  the  cap- 


THE   TREATY  OVERBOARD.  293 

ture  of  the  '  Tankerville  '  packet  with  the  November  and. Decem 
ber  mails  [containing  all  copies  of  the  treaty  sent  by  both  Jay  and 
Grenville]  on  board  by  a  French  armed  vessel,  I  now  send  you  en- 
closed  duplicates  of  my  despatches  .  .  .  which  had  been  sent  by 
that  conveyance."  On  April  3  Hammond  reports  much  public 
excitement  and  curiosity  about  the  treaty.  "  No  particulars, 
however,  respecting  it  have  hitherto  transpired  ;  and  in  fact  Mr. 
Randolph  has  informed  me  that  there  are  considerations  of  a 
peculiar  nature  which  induce  the  President  to  confine  the  knowl 
edge  of  its  contents  to  himself  and  the  Secretary  of  State  alone, 
and  not  to  communicate  them  to  the  other  members  of  the 
American  Administration."  On  April  28  Hammond  reports  cap 
ture  of  the  u  Tankerville,"  on  her  passage  from  Falmouth  to 
Halifax,  by  the  "  Lovely  Lass  "  privateer.  "  Its  mails  were,  I 
understood,  previously  thrown  overboard,  and  the  packet  herself 
sunk  after  her  officers  and  crew  had  been  removed  on  board  of 
the  '  Lovely  Lass,'  from  which  vessel  they  were  soon  afterwards 
released  by  the  commander  and  sent  in  a  Spanish  prize  to  Barba- 
does,  where  they  arrived  in  safety."  He  states  that  the  "  Lovely 
Lass" — a  British  prize  captured  in  July  1793  by  the  "  Citoyen 
Genet  "  privateer — was  laid  up  at  Baltimore,  and  attracted  notice, 
as  she  was  being  fitted  up.  She  was  surveyed  by  the  customs, 
and  her  equipment  taken  out,  but  escaped  in  January  with  14 
cannon  on  board.  On  June  28  Hammond  writes  that  although 
the  capture  of  the  "  Tankerville  "  has  been  personally  embarrassing, 
no  public  inconvenience  has  resulted,  as  the  delay  has  reserved 
discussion  of  the  treaty  for  the  Senate,  "  which  is  universally  re 
garded  as  the  most  respectable  on  every  account  which  has  ever 
existed  since  the  establishment  of  the  present  government." 
This  was  preceded,  June  25,  by  a  despatch  containing  the 
following : 

"  Yesterday  afternoon  the  Senate  (of  which  body  all  the  members 
were  assembled)  recommended  to  the  President  to  ratify  the  treaty 


294  EDMUND  RANDOLPH. 

concluded  by  your  Lordship  with  Mr.  Jay,  one  stipulation  alone  ex- 
cepted,  which  is  contained,  I  understand,  in  the  i2th  Article  ;  but 
having  never  yet  seen  the  treaty  I  cannot  be  certain  as  to  the  number. 
It  is,  however,  that  which  relates  to  the  regulating  the  commerce  between 
this  country  and  the  British  West  Indies,  and  to  the  absolute  prohibi 
tion  of  re-exporting  from  the  former  the  products  of  those  islands,  or 
of  such  as  belong  to  other  European  powers.  In  the  debates  upon  this 
point  it  was  observed  that  amongst  the  productions  so  prohibited,  cot 
ton,  one  of  the  staples  of  the  United  States,  was  included,  and  that  the 
trade  carried  on  by  their  citizens  with  the  North  of  Europe  in  the  sale 
of  the  productions  of  the  French  islands  was  so  lucrative,  and  consti 
tutes  so  important  a  part  of  the  actual  commercial  speculations  of  this 
country,  that  it  was  not  to  be  expected  that  the  individuals  engaged  in 
them  would  consent  totally  to  relinquish  them.  At  the  same  time  it 
was  presumable  that,  as  the  liberty  of  trading  to  His  Islands  had  been 
conceded  by  His  Majesty  as  a  favour,  and  could  not  have  been  de 
manded  by  the  United  States  as  a  matter  of  right,  the  British  Govern 
ment  could  not  be  offended,  nor  esteem  itself  in  any  manner  aggrieved, 
if  the  citizens  of  America  preferred  the  continuance  of  the  former  sys 
tem  of  exclusion  from  the  British  West  Indies  to  the  acquisition  of  the 
privileges  granted  by  the  Treaty  under  the  limitations  by  which  they 
were  to  be  accompanied.  For  these  reasons  it  was  unanimously  deter 
mined  to  omit  the  article  altogether,  and  to  request  the  President  to 
institute  a  new  negotiation  upon  it  with  H.  M.  Minister.  On  the  divi 
sion  20  members  voted  in  favor,  and  10  against  the  ratification  of  the 
remaining  articles,  without  any  alteration  whatever.  The  question  was 
therefore  finally  decided  by  the  precise  majority  (two-thirds)  that  is 
required  by  their  constitution  on  subjects  of  this  nature.  To  be  sure 
the  proceedings  of  the  Senate  have  been  secret,  but  your  Lordship 
may  be  assured  of  the  authenticity  of  the  circumstances  I  have  men 
tioned  as  they  were  last  night  communicated  to  me  in  confidence  by 
Mr.  Wolcott,  the  present  Secretary  of  the  Treasury." 

On  July  18  Hammond  transmits  a  copy  of  the  treaty  (with 
two  motions  made  in  course  of  the  discussion)  as  published  by 
a  member  of  Senate  "  in  defiance  of  general  regulations  and  of  a 
positive  order  on  the  subject."  The  motive  of  the  disclosure  was 
to  render  it  an  object  of  public  discussion,  and  to  excite  popular 
resentment  against  the  government,  and  those  who  approved  of 


THE   TREAIY'S  PUBLICATION.  2$$ 

it.  This  artifice,  it  is  added,  has  proved  successful.  Great  fer 
ment  prevails  in  various  parts  of  the  country ;  and  Boston  and 
other  places  have  determined  to  ask  the  President  to  refuse  his 
consent  to  its  ratification.  Hammond  mentions  in  this  despatch 
(23)  an  interview  with  Randolph,  from  which  he  gathers  that 
President  will  ratify  treaty  in  agreement  with  determination  of 
Senate.  The.  Secretary  promises  to  transmit  a  memorial  of  Presi 
dent's  motives.  But  Hammond  remarks  that  this  decision  of 
the  President  was  formed  previous  to  manifestation  of  popular 
dislike.  Treaty  is  a  pamphlet  of  27  pages,  headed  "  authentic," 
printed  by  Benjamin  Franklin  Bache.  On  the  front  page  is  a 
letter  from  Stephen  Thomson  Mason  (one  of  the  Senators  from 
Virginia),  dated  29,  6,  '95,  addressed  to  B.  F.  Bache,  editor  of  the 
Aurora^  in  which,  after  alluding  to  an  incorrect  extract  which 
appears  in  the  paper,  he  states  that  he  forwards  a  genuine  copy 
of  the  treaty  "  for  the  purpose  of  giving  to  the  citizens  of  America 
full  information  respecting  this  momentous  business."  The  names, 
of  the  members  who  voted  pro.  and  con.  are  finally  given.1 
On  July  27,  Hammond  writes  : 

"  The  ferment  which  I  mentioned  in  my  No.  23  as  existing  in  this 
country  with  respect  to  the  Treaty  with  Great  Britain  has  considerably 
increased  since  the  date  of  that  letter.  Tumultous  meetings  of  the 
people  have  been  held  at  Portsmouth  (New  Hampshire),  Boston,  New 
York,  Philadelphia,  Norfolk,  and  Charleston,  in  all  of  which  it  has  been 
determined  to  present  remonstrances  to  the  President  reprobating  the 
Treaty  in  terms  of  the  grossest  invective,  and  requesting  him  to  with 
hold  his  ratification  of  it.  The  meetings  in  this  city  (of  which  there 
have  been  two)  have  been  peculiarly  distinguished  by  their  violence. 
Towards  the  conclusion  of  the  second  of  them,  on  Saturday  last,  about 
three  or  four  hundred  persons  proceeded  from  the  place  of  assembly 
to  the  house  of  Mr.  Bond,  his  Majesty's  Consul  General,  before  which, 

1  These  names  the  British  Minister,  so  jealous  of  our  senatorial  secrecy,  must 
have  obtained  from  the  same  faithful  ally  (Wolcott)  who  obtained  for  him  a  resume  of 
the  debate.  As  for  the  publication  of  the  treaty  by  Mason,  it  has  already  been  seen 
that  the  President,  on  the  same  day,  had  ordered  its  publication,  as  he  was  desirous 
of  hearing  the  voice  of  the  people. 


296  EDMUND  RANDOLPH, 

after  much  tumult  and  clamour,  they  burnt  a  copy  of  the  treaty. 
Thence  they  came  to  my  house,  and  after  ranging  themselves  in  front 
of  it  in  the  street  and  expressing  their  indignation  by  various  noises, 
burnt  another  copy  of  the  treaty.  Although  no  personal  injury  was 
offered  to  any  part  of  my  family  or  of  Mr.  Bond's,  I  esteemed  it  never 
theless  becoming  my  public  station  to  take  some  notice  of  this  transac 
tion  ;  and  in  consequence  of  that  opinion  I  have  had,  agreeably  to 
appointment,  a  conversation  with  Mr.  Randolph  this  morning  upon  the 
subject,  in  the  course  of  which  I  represented  that,  as  from  the  circum 
stance  of  Mr.  Bond's  house  and  mine  having  been  selected  as  the  ob 
jects  of  this  outrage,  no  doubt  could  be  entertained  that  it  was  the 
intention  of  the  individuals  concerned  in  it  to  insult  the  British  nation 
through  its  representatives  in  this  country  ;  and  I  thought  it  an  act  of 
respect  due  as  well  to  this  government  as  to  my  own  not  to  pass  this 
insult  over  in  silence,  but  to  relate  the  facts  exactly  as  they  had  oc 
curred,  and  to  leave  it  to  this  government  to  decide  on  the  steps  which 
it  might  deem  it  expedient  to  take  on  the  occasion.  Mr.  Randolph  in 
reply  coincided  entirely  in  sentiment  with  me  as  to  the  nature  and  ex 
tent  of  the  indignity  offered,  but  doubted  much  whether  it  was  cogni 
zable  by  the  laws  of  this  country.  He,  however,  desired  me  to  state 
the  particulars  in  writing,  and  assured  me  that  he  would  take  them  into 
consideration.  To  this  I  answered  that  I  would  address  a  letter  to  him 
to-morrow  on  the  subject,  in  which  I  should  confine  myself  merely  to 
a  recital  of  facts,  and  should  not  insist  on  any  reparation  or  redress, 
since  the  object  I  had  in  view  would  be  effectually  answered  by 
establishing  on  record  my  statement  of  this  transaction. 

"  The  three  ships  armes-en-flute  which  have  been  so  long  detained 
in  the  harbour  of  Norfolk  sailed  from  that  Port  about  a  fortnight  ago. 

"  Since  the  conference  mentioned  in  my  Despatch  No.  23,  I  have 
had  another  conversation  with  the  Secretary  of  State  on  the  subject  of 
the  treaty,  in  the  course  of  which  he  repeated  pretty  nearly  the  senti 
ments  which  he  had  advanced  upon  the  former  occasion,  and  added 
that  he  had  transmitted  to  the  President  for  his  approbation  the 
memorial  which  he  (Mr.  Randolph)  has  been  for  some  time  past  pre 
paring  to  deliver  to  me.  He  further  informed  me  that  that  paper  will 
contain  an  explicit  declaration  of  the  principles  which  will  influence 
the  President's  determination  either  in  agreeing  to  ratify  the  treaty, 
conformably  to  the  resolution  of  the  Senate,  or  in  suspending  or  even 
absolutely  refusing  the  ratification  of  it  unless  the  Order  of  Council 
authorizing  the  seizure  of  neutral  vessels  bound  to  France  with  pro 
visions  be  previously  revoked." 


RANDOLPH'S  CHAGRIN.  2Q/ 

14  August.  No.  31.  From  Mr.  Hammond. — "  Since  the  date  of  my 
last  letter  the  attention  of  this  country  has  continued  to  be  engrossed 
by  the  Treaty,  and  although  the  popular  ferment  is  not  quite  so  violent 
as  it  was  when  I  wrote,  a  considerable  degree  of  irritability  still  exists 
upon  the  subject." 

He  encloses  a.  copy  of  his  letter  to  Randolph  concerning  the 
popular  insults,  with  the  Secretary's  reply,  which,  with  its  warm 
regret  for  the  same,  encloses  the  opinion  of  the  Attorney  Gen 
eral  (Bradford,  a  British  partisan)  that  the  indignity  is  not  cog 
nizable  by  the  laws  of  the  United  States. 

On  August  31  Lord  Grenville  writes  that  he  had  foreseen  that 
"  the  French  and  democratical  party  "  would  excite  a  prejudice 
against  the  treaty,  but  it  was  conceived  that  if  the  United  States 
Government  has  strength  and  firmness  to  resist  these  clamors, 
the  results  would  be  beneficial.  He  is  sorry  to  see  wavering  on 
this  point.  He  points  out  the  inconvenience  and  hazard  of 
further  discussion  and  delay,  and  deprecates  opening  a  new  nego 
tiation,  which  would  unquestionably  afford  fresh  matter  for  ex 
citing  opposition  to  the  government,  and  animosity  against  Great 
Britain. 

This  despatch  of  Lord  Grenville  was  passed  on  its  voyage  by 
one  from  Hammond,  Aug.  14,  transmitting  Randolph's  memo 
rial — the  Secretary's  last  and  most  painful  task. 

No.  33. — "  On  this  paper  [writes  Hammond],  it  is  at  present  merely 
necessary  for  me  to  remark  that  I  have  a  certain  knowledge  that  in  its 
actual  form  it  differs  widely  in  expression  and  sentiment  from  the 
paper  originally  composed  by  the  Secretary  of  State,  and  that  the  alter 
ations  it  has  undergone  are  clear  indications  of  the  declining  influence 
of  that  gentleman  in  the  councils  of  this  country.  Indeed,  when  he 
delivered  it  to  me  Mr.  Randolph  did  not  attempt  to  conceal  his  cha 
grin  upon  the  occasion,  but  voluntarily  confessed  that  his  opinion  had 
been  overruled  in  the  President's  Cabinet." 

It  is  now  necessary  to  go  back  on  our  dates  a  little. 
On  the  9  May  1795  Lord  Grenville  writes: 


298  EDMUND  RANDOLPH. 

"  I  send  you  enclosed  for  your  information  a  precis  of  certain  De 
spatches  from  the  different  ministers  and  agents  of  the  French  conven 
tion  in  America,  which  were  found  on  board  the  Jean  Bart,  a  French 
vessel,  captured  by  His  Majesty's  cruisers  on  its  passage  from  America 
to  France.  It  is  probable  that,  by  a  future  conveyance,  I  may  be 
enabled  to  send  you  the  original  despatches,  the  communication  of 
some  of  which  to  well-disposed  persons  in  America  may  possibly  be 
useful  to  the  King's  Service." 

On  June  4  Grenville  writes  ; 

"  I  also  send  you  enclosed  the  originals  of  the  Despatches  from  the 
ministers  and  agents  of  the  French  convention  in  America,  which  were 
found  on  board  the  French  vessel  Jean  Bart,  captured  by  His  Majesty's 
cruisers  on  the  passage  from  America  to  France,  of  which  I  sent  you  a 
precis  in  my  Despatch  No.  8,  with  a  view  that  you  should  communicate 
such  parts  of  them  as  you  may  deem  expedient  to  well-disposed  persons 
in  America." 

The  capture  is  described  by  affidavits. 

"  Affidavit  by  Jno.  Colpoys,  Vice- Admiral  of  the  Blue  Squadron  of 
H.  M.  Fleet  and  Commander-in-Chief  of  H.  M.  Vessels  and  Ships  at 
Portsmouth,  dated  16  June  1795,  declares  :  That  a  squadron  of  H.  M. 
Ships  of  War  being  on  a  cruise,  the  French  corvette  Le  Jean  Bart  was 
taken  as  prize  on  28  March  1795  by  H.  M.  Frigate  Cerberus  /  that  he 
was  informed  that  the  papers  were  thrown  overboard,  of  which  two 
private  letters  and  a  butcher's  bill  were  delivered  to  declarant  by  Capt. 
Drew,  Commander  of  the  Cerberus.  The  letters  were  delivered  to 
owner  on  Jean  Bart,  and  the  butcher's  bill  destroyed.  That  so  far  as 
he  knows,  no  other  writings  or  papers  were  delivered  up  or  found." 

"  The  depositions  were  taken  at  the  house  of  Ann  Palmer,  bearing 
the  sign  of  the  George,  in  Portsmouth,  on  18  April  1795,  and  were  in 
terpreted  by  the  Revd.  Wm.  Howell,  Clerk.  A  copy  of  the  Standing 
Interrogatories  applicable  to  such  cases  is  attached.  They  are  34  in 
number,  and  are  to  be  in  force  *  during  the  present  hostilities,'  in 
virtue  of  H.  M.  commission  of  High  Court  of  Admiralty  20  Feb.  1793. 

"  Guillaume  Fran£ois  Need,  36,  of  St.  Malo,  states  that  he  esteems 
himself  a  servant  of  the  French  Republic,  that  the  Jean  Bart  was  a 
corvette  of  war  of  the  French  Republic,  which  was  captured  about  20 
leagues  from  Pesmarque,  in  France,  on  28  March  last,  by  the  Cerberus, 
Capt.  Drew,  in  sight  of  Rear  Admiral  Colpoys'  squadron  ;  that  he  was 
appointed  captain  of  the  Jean  Bart  by  the  Marine  Minister  of  the 


EXIT  OF  MR.   HAMMOND.  299 

French  Republic,  and  that  he  sailed  under  the  F.  R.  colours  ;  that 
there  were  118  on  board,  all  French  except  one  American  ;  that  none 
of  the  papers  or  writings  were  burnt  or  otherwise  destroyed  before  the 
capture,  except  that  an  officer  threw  overboard,  at  his  (Need's)  direc 
tions,  his  orders,  his  private  signals,  and  a  packet  which  he  was  bring 
ing  from  New  York  to  France,  which  packet  not  sinking,  was  taken  up 
by  a  boat  of  the  Cerberus  ;  that  he  was  on  his  way  to  Brest. 

"  Francois  Auguste  Cotelle,  28,  ist  Lieut.,  corroborates,  but  says  noth 
ing  of  the  packet  incident  ;  neither  does  Charles  Nicole,  who  also 
corroborates  the  other  particulars." 

On  July  27  Hammond  writes  home  concerning  the  French 
despatches  : 

"  I  beg  leave  to  offer  to  your  Lordship  my  most  respectful  acknowl 
edgment  for  the  several  very  important  papers  which  were  enclosed  in 
your  Despatch  No.  12,  and  of  which  I  shall  endeavor  to  make  such  use 
as  will,  I  hope,  be  productive  of  the  most  beneficial  effects  to  the  gen 
eral  interests  of  His  Majesty's  service.  The  originals  of  the  French 
letters  are  peculiarly  interesting,  and  will,  I  am  persuaded,  if  properly 
treated,  tend  to  effect  an  essential  change  in  the  public  sentiment  of 
this  country  with  regard  to  the  character  and  principles  of  certain 
individuals,  and  to  the  real  motives  of  their  political  conduct." 

Along  with  the  French  despatches  which  secured  Randolph's 
downfall  came  Hammond's  recall.  The  two  men  passed  out  of 
this  great  struggle  together.  Hammond  had  become  as  necessary 
a  sacrifice  to  the  French  as  Randolph  to  the  English  party.  Nat 
long  before,  reciprocity  with  France  had  necessitated  the  recall  of 
Gouverneur  Morris  in  consideration  of  that  of  Genet ;  and  it  is 
not  improbable  that  Randolph's  dismissal  might  have  been 
sternly  demanded  in  return  for  that  of  Hammond,  even  had 
Fauchet's  letter  not  been  intercepted.  The  last  official  acts  of 
the  two  combatants  were  Randolph's  preparation  of  the  modified 
memorial,  and  Hammond's  triumphant  transmission  of  it  to 
England. 

The  next  official  despatch  is  from  Phineas  Bond,  His 
Majesty's  charge"  d'affaires  at  Philadelphia,  24  August  1795. 


300  EDMUND  RANDOLPH. 

"  On  2ist  Inst.  Mr.  Randolph  resigned  his  place  as  Secretary  of 
State,  and  yesterday  Mr.  Bradford,  Attorney  General,  died  after  a  very 
short  illness.  Immediately  after  Mr.  Randolph's  resignation,  before  it 
was  generally  known,  he  set  out  on  a  journey  to  the  Eastward,  the 
cause  of  which  was  ascribed  to  the  necessity  of  an  immediate  con 
ference  with  the  Governor  of  Rhode  Island  relative  to  some  differences 
which  had  arisen  there  with  Capt.  Home,  Commander  of  H.  M.  Ship 
*  Africa.'  I  very  soon  discovered,  my  Lord,  that  the  motive  which 
induced  this  journey  was  was  not  of  a  public  but  of  a  personal  nature, 
and  originated  in  a  desire  which  Mr.  Randolph  possessed  to  obtain  an 
explanation  from  M.  Fauchet,  the  late  Minister  of  France,  upon  some 
recent  discoveries  which  were  supposed  materially  to  implicate  the 
character  of  the  former  gentleman,  and  which  unquestionably  led  to 
his  resignation." 

By  a  note  from  John  Hamilton,  British  Consul  at  Norfolk, 
Va.,  September  24,  it  would  appear  that  the  facts  were  not  gen 
erally  known  in  Randolph's  State  at  that  time.  "  Much,"  he 
writes  to  Grenville,  "  is  at  present  said  on  account  of  a  corres 
pondence  reported  to  have  been  intercepted  between  a  gentle 
man  lately  high  in  office  in  the  Federal  government  and  the  late 
French  minister  plenipotentiary.  The  nature  of  it  at  present  is 
kept  very  secret,  but  it  is  apprehended  it  will  be  the  subject  of 
public  investigation." 

Washington  had  ordered  his  Secretaries  to  keep  every  thing 
about  the  affair  secret  until  Randolph  should  have  prepared  his 
vindication.  But  it  is  evident  that  the  British  Embassy  was 
regarded  by  Mr.  Wolcott  (who  had  a  spy  at  Newport)  as  part  of 
the  President's  Cabinet.  On  September  29,  Mr.  Bond,  chargt 
d  'affaires,  writes  home  : 

"  The  letter  I  have  the  honor  to  enclose  to  your  Lordship,  pub 
lished  by  Mr.  Randolph  on  his  return  from  Rhode  Island,  dated  at 
German  Town,  15th  currt.,  and  addressed  to  the  President  of  the  United 
States,  promises  a  digest  of  certain  matters  relative  to  that  gentleman's 
conduct,  which  unquestionably  influenced  his  resignation. 

"It  seems,  my  Lord,  that  upon  the  arrival  of  Mr.  Randolph  at 
Newport,  which  happened  on  the  evening  previous  to  the  departure  of 


MR.    WOLCOTT'S  DEVOTION.  3OI 

M.  Fauchet  in  'La  Meduse,'  these  gentlemen  had  an  interview  in 
which  much  acrimonious  conversation  passed.  When  Mr.  Randolph 
found  '  La  Meduse '  was  under  weigh  next  morning  he  could  not  refrain 
from  expressions  of  great  reproach.  The  pilot  on  his  return  brought 
him  a  note  from  M.  Fauchet,  which  the  friends  of  Mr.  Randolph  de 
clare  contains  a  complete  refutation  of  the  charges  which  have  now 
very  improperly  become  the  subject  of  general  conversation  here  ;  they 
go  so  far  as  to  assert  that  M.  Fauchet  has  in  terms  denied  having  written 
to  France  any  thing  which  could  tend  to  throw  a  suspicion  of  undue 
influence,  either  practised  or  attempted,  and  that  if  any  despatch  said 
to  have  been  written  by  him  to  France  contained  such  an  imputation,  it 
was  a  direct  forgery. 

"  In  a  conversation  I  have  just  had  with  the  Secretary  of  the 
Treasury,  I  mentioned  these  reports,  and  expressed  my  conviction  that 
M.  Fauchet  could  not  have  committed  himself  by  making  such  falla 
cious  declarations.  I  also  thought  it  necessary  to  observe  that  if  in 
any  digest  or  detail  of  a  particular  transaction  the  least  reflection 
should  be  cast  upon  His  Majesty's  Ministers,  I  should  feel  myself  in  a 
very  delicate  predicament,  but,  at  all  events,  called  upon  in  the  most 
pointed  manner  to  refute  such  reflections,  unless  this  government 
should  come  forward  and  do  all  that  justice  and  candor  required. 

"  I  found  the  Secretary  of  the  Treasury  very  explicit  and  manly 
upon  this  point.  He  very  freely  entered  into  the  reasonableness  of 
my  expectations  upon  a  subject  so  interesting,  and  assured  me  without 
reserve  that  if  any  publication  should  appear  which  had  the  tendency 
I  anticipated  he  should  think  himself  bound  *  to  stand  in  the  gap,'  and 
disclose  to  the  world  every  fact  of  which  this  government  was  in  pos 
session." 

On  October  1 1  Mr.  Bond  writes : 

"In  an  evening  paper  of  the  loth  currt.  appeared  the  extract  of 
another  letter,  of  the  8th  currt.  from  Mr.  Randolph  to  the  President  of 
the  United  States,  which  I  have  now  the  honor  to  enclose  to  your 
Lordship. 

"  The  President  being  still  at  Mount  Vernon,  the  result  of  this  ap 
plication  is  not  known.  As  it  plainly  implies  an  intended  appeal  to 
the  people  in  the  event  of  a  refusal  of  the  paper  required,  it  is  rather 
presumed  no  notice  will  be  taken  of  an  application  which  contains  a 
threat  so  derogatory  to  the  dignity  of  the  government." 

On  November  15  Mr.  Bond  writes  to  Lord  Grenville: 


302  EDMUND  RANDOLPH. 

"  The  offices  of  Secretary  of  State  and  Attorney  General  still  re 
main  vacant,  nor  has  the  President  yet  been  able  to  select  from  the 
different  States  persons  calculated  to  fill  these  important  places,  or  at 
least  any  who  in  times  like  these  are  willing  to  enter  upon  the  exercise 
of  public  duties. 

"  Mr.  Randolph,  in  preparing  his  vindication  of  his  resignation, 
contemplates  a  review  of  the  important  acts  of  the  Government  for  a 
space  of  no  less  than  18  months,  and  though  it  is  not  easy  to  discover 
any  connexion  between  the  general  system  of  the  government,  and  the 
imputations  which,  in  their  application  to  him  individually,  go  further 
than  merely  to  affect  his  partiality  as  the  minister  of  a  neutral  nation, 
there  is  a  party  here  ready  to  avail  itself  of  the  threatened  disclosure, 
and  to  justify  that  gross  violation  of  public  and  private  confidence 
which  affords  them  the  means  of  embarrassing  the  Government. 

"  Much  correspondence  has  passed  between  Mr.  Randolph  and  the 
members  of  this  Government  since  his  return  from  Rhode  Island.  His 
demands  have  been  pointed  to  the  obtaining  of  papers  necessary  to  his 
defence,  with  which,  for  the  most  part,  he  was  instantly  furnished. 
Some  little  delay  happened  in  the  delivery  of  one  paper,  to  which  Mr. 
Randolph  alluded  in  his  letter  of  the  8th  ult.  to  the  President  of  the 
United  States,  the  printed  extract  from  which  I  had  the  honor  to  for 
ward  to  your  Lordship,  in  my  Despatch  No.  9.  I  am  informed  the 
paper  requested  is  a  copy  of  a  letter  from  the  President  to  Mr.  Ran 
dolph  relative  to  the  treaty,  which  having  been  written  in  the  fulness 
of  confidence  to  a  favorite  Minister,  was  not  so  well  calculated  to  meet 
the  public  eye  as  it  might  have  been  if  written  for  the  purpose  of  being 
promulgated.1  The  present  members  of  the  Cabinet,  therefore,  hesi 
tated  as  to  the  delivery  of  this  paper  until  the  sense  of  the  President 
should  be  known.  Upon  his  arrival  from  Mount  Vernon  he  directed 
a  copy  of  the  paper  to  be  prepared,  which  was  enclosed  to  Mr.  Ran 
dolph,  with  a  declaration  of  the  President's  permission  to  him  to  pub 
lish  that  paper  as  well  as  the  letter  in  which  it  was  enclosed,  enjoining 
him  at  the  same  time  to  avoid  any  disclosure  which  might  implicate  the 
interests  of  the  people.  Some  enquiry  has  been  made  by  Mr.  Randolph 
as  to  the  length  of  time  His  Majesty's  Minister  Plenipotentiary  was  in 
possession  of  the  intercepted  despatches  previous  to  his  communicating 
them  to  the  Secretary  of  the  Treasury,  and  as  to  the  nature  of  your 
Lordship's  instructions  which  accompanied  them.  The  Secretary  of 
1  By  referring  to  the  letter  of  July  22  (Chap.  XXV)  it  will  be  perceived  that  it  was 
an  instruction  to  be  used  for  the  information  not  only  of  the  Cabinet,  but,  on  fit 
occasion,  of  others. 


RANDOLPH'S   VINDICATION.  303 

the  Treasury,  not  being  competent  to  satisfy  these  enquiries,  contented 
himself  with  declaring  the  manner  in  which  the  material  despatch  was 
communicated  to  him,  and  the  motive  which  impelled  him  to  submit 
to  the  consideration  of  the  President  the  very  important  detail  which 
it  contained. 

"  The  drift  of  these  enquiries  is  to  fix  upon  the  President  a  change 
of  sentiment  in  respect  to  the  Treaty,  imputable  to  an  influence  created 
by  the  delivery  of  the  intercepted  despatch.  But  in  what  manner  this 
can  operate  to  the  exculpation  of  the  Party,  whom  the  intercepted 
despatch  so  unequivocally  implicates,  is  yet  to  be  determined.  The 
only  publication  which  has  appeared  under  the  signature  of  Mr.  Ran 
dolph  since  the  date  of  his  letter  to  the  President,  of  the  8th  ult.,  is  the 
apology  for  the  delay  of  his  vindication  in  a  letter  to  his  printer  of  the 
7th  currt,  a  printed  copy  of  which  I  have  the  honor  to  enclose  to  your 
Lordship." 

The  final  mention  of  the  subject  discovered  in  the  British 
Archives  is  in  a  despatch  from  Mr.  Bond,  20  Dec.  1795  : 

"  After  a  considerable  lapse  of  time  the  vindication  of  Mr.  Randolph 
was  published  on  the  i8th  currt.  1  have  the  honor  to  transmit  the 
pamphlet  to  your  Lordship.  From  all  that  I  can  learn  there  seems  to 
be  but  one  opinion  on  the  subject,  that  to  the  most  dangerous  enormity 
originating  in  the  most  sordid  motives,  he  has  added  the  violation  of 
that  secrecy  and  faith  which  his  late  station  enjoined  him  to  main 
tain,  and  treachery  to  his  patron  and  protector. 

"  Whatever  effect  this  publication  may  have  in  developing  the  mo 
tives  which  have  influenced  the  government  of  the  United  States,  it  has 
operated  very  perceptibly  here  in  diminishing  the  inveteracy  which 
heretofore  marked  the  conduct  of  the  party  to  which  the  late  American 
Secretary  of  State  was  attached.  Every  man  of  that  party  (particularly 
such  as  are  implicated  in  the  remarks  contained  in  Mr.  Fauchet's  inter 
cepted  letter)  seems  willing  to  let  this  ruin'd  Bark  sink  of  itself,  and  to 
shun  the  vortex  which  hurries  it  to  the  bottom.  I  have  not  yet  had  an 
opportunity  of  conversing  with  any  of  the  members  of  this  government 
upon  the  subject.  The  vindication  has  taken  so  extraordinary  a  form 
that  in  my  present  opinion  no  interposition  on  my  part  seems  to  be  re 
quisite  further  than  to  inculcate  upon  this  government,  in  case  any 
public  discussion  should  be  adopted,  the  recollection  and  avowal  of 
the  printed  denial,  so  often  made  by  His  Majesty's  late  Minister  Pleni 
potentiary,  of  any  interference  on  the  part  of  His  Majesty's  government 
CQ  encourage  the  continuance  of  the  Indian  wars,  but  on  the  contrary 


304  EDMUND  RANDOLPH. 

a  repeated  offer  of  mediation  to  promote  an  amicable  adjustment  of 
differences. 

"  I  understand  some  ideas  are  entertained  of  instituting  an  impeach 
ment,  but  the  apprehension  at  present  is  that  it  could  not  be  carried 
in  the  House  of  Representatives. 

"  The  public  prints  have  announced  the  appointment  of  Colonel 
Pickering  as  Secretary  of  State,  in  the  room  of  Mr.  Randolph,  resigned." 

With  regard  to  the  "  sordid  motives  "  attributed  to  Randolph 
by  Bond,  it  may  be  observed  that,  during  the  month  of  July, 
when  the  treaty  hung  in  the  balance  controlled  by  Randolph, 
Hammond  must  have  had  in  his  pocket  the  Fauchet  accusations ; 
they  were  dispatched  in  precis  from  Downing  Street  May  9  ;  yet 
he  did  not  try  to  influence  the  Secretary  of  State  by  threat  of  ex 
posure.  The  emergency  might  have  justified  it  had  the  Minister 
so  measured  his  man. 


CHAPTER   XXIX. 

A  SUSPENDED   SWORD. 

IF  an  English  ship  intercepted  Fauchet's  despatches,  another 
intercepted  Fauchet  himself.  Though  supposed  to  be  far 
away  at  sea,  Randolph  heard  of  his  detention  at  Newport,  and 
there  overtook  him.  He  had  to  wait  for  a  copy  of  Despatch  10 
promised  by  the  President,  and  could  not  leave  Philadelphia 
until  Aug.  21.  It  was  a  tedious  journey  by  coaches  and  boats, 
and  after  dreary  delays  he  reached  Newport  Aug.  31.  Whatever 
anger  Fauchet  had  felt  against  Randolph  nine  months  before, 
when  No.  10  was  written,  he  recoiled  now  from  the  startling 
result.  The  Despatch  had  returned  at  a  moment  when  it  must 
strike  down  the  one  minister  battling  against  ratification  of  the 
British  treaty.  The  Meduse,  waiting  to  carry  him  to  France, 
was  watched  by  the  British  war-ship  Africa.  Fauchet  promised 
an  exculpation,  and  agreed  to  answer  questions  before  others. 
While  Randolph  was  securing  attendance  of  Judge  Marchant, 
and  representative  Malbone,  he  heard  that  the  Meduse  was 
weighing  anchor.  Rushing  to  Fauchet's  lodgings  he  found  no 
paper  left,  and  despatched  a  swift  boat,  with  a  note  in  which  he 
said :  "  My  innocence  of  the  insinuations,  arising  from  your 
letter,  you  not  only  know  but  have  twice  acknowledged  to  me." 
Fauchet  answered  (i$  Fructidor):  "I  have  just  transmitted  to 
citizen  Adet,  the  minister  of  the  Republic  in  Philadelphia,  the 
packet  which  I  destined  for  you." 

I  am  indebted  to  Mr.  Moncure  Robinson,  of  Philadelphia,  for 
two  letters  to  Senator  Langdon. 

305 


306  EDMUND  RANDOLPH. 

"FAIRFIELD  IN  CONNECTICUT,  7  Sep.  1795, — I  write  this  short  pri 
vate  and  confidential  letter,  for  your  own  inspection  only,  to  inform 
you  that  I  am  returning  from  Newport,  where  I  have  seen  Mr.  Fau- 
chet.  My  object  in  this  errand  was  to  remove  some  very  injurious 
impressions  which  an  intercepted  letter  of  his  had  cast  upon  myself 
and  the  republicans  of  our  country.  He  has  made  explanations  which 
will,  if  justice  takes  place,  be  satisfactory. 

"  When  I  get  matters  arranged  I  will  again  write  to  you.  In  the 
mean  time  I  will  only  say  to  you,  that  a  dart  is  aimed  at  me,  and 
through  me  at  many  others.  Let  this  rest  with  you  till  I  lay  before 
you  fully  the  reasons  of  my  resignation." 

"  PHILADLPHIA,  Oct.  2,  1795. — Since  I  wrote  you  from  Fairfield  I 
have  received  your  friendly  favor  ;  and  hold  myself  justified  in  saying 
to  you,  (as  the  fact  is),  that  Mr.  Fauchet  has  by  the  most  positive 
declarations  repelled  all  the  insinuations  arising  from  his  letter.  I  ex 
pect  soon  to  send  you  a  statement  of  facts.  But  it  is  now  manifest  to 
me  that  the  calumnies  which  have  been  circulated,  and  the  malicious 
movements  which  have  been  made,  were  calculated  first  to  operate  in 
favor  of  the  British  interest  in  opposition  to  the  friends  of  France  ; 
secondly,  to  destroy  the  friends  of  republicanism  ;  and  thirdly  to  remove 
me  from  office.  The  last,  thank  God,  is  accomplished.  But  God  for 
bid  that  the  two  first  should  be.  Spain  and  France  have  certainly 
made  peace." 

Bitter  as  was  the  Secretary's  humiliation,  it  was  mitigated  by 
the  relief  of  retirement  from  office.  He  had  notified  Washington 
of  his  wish  to  retire,  but  declined  an  opportunity  of  promotion 
to  the  Supreme  Bench  in  order  to  save  his  country  from  a  base 
surrender.  But  now  his  cause  had  fallen.  The  privilege  of 
British  ships  to  seize  and  search  the  vessels  of  America,  and  to 
confiscate  their  freight,  had  been  conceded.  The  weary  Secre 
tary  thanks  God  he  is  out  of  it  all. 

But  his  hopes  for  the  republicans  and  the  friends  of  France 
were  destined  to  disappointment.  When  he  returned  to  Philadel 
phia  from  Newport  he  found  a  vast  Randolph-Fauchet  mythology 
already  luxuriant.  The  wildest  legends  were  afloat.  Correspond 
ence  of  the  statesmen  of  that  day  shows  that  nothing  was  too 
extravagant  for  circulation.  The  friends  of  France  were  silenced 


TO  THE  PRESIDENT.  307 

by  allegations  of  the  millions  of  money  imported  from  France,  of 
confessions  that  it  was  used  to  incite  the  Whiskey  rebellion, 
and  rumors  of  dark  designs  against  the  President.  Amid  such 
an  atmosphere  the  ratification  could  not  be  opposed.  The  re 
publicans  sullenly  acquiesced.  Their  cause  was  lost. 

On  reaching  Germantown,  Randolph  wrote  to  the  President, 
15  Sept.  1797: 

"  In  my  letter  of  the  ipth  ult.  I  informed  you  of  my  purpose  to 
overtake  Mr.  Fauchet,  if  possible.  I  accordingly  went  to  Newport  in 
Rhode  Island,  where  I  had  an  interview  with  him.  The  abrupt  and 
unexpected  sailing  of  the  French  frigate  La  Meduse,  on  the  morning 
of  the  day  after  I  arrived  there,  had  nearly  deprived  me  of  the  object 
of  my  journey.  But  I  trust  that  I  am  in  possession  of  such  materials, 
not  only  from  Mr.  Fauchet,  but  also  from  other  sources,  as  will  convince 
every  unprejudiced  mind  that  my  resignation  was  dictated  by  consid 
erations  which  ought  not  to  have  been  resisted  for  a  moment ;  and 
that  every  thing  connected  with  it,  stands  upon  a  footing  perfectly  hon 
orable  to  myself.  Having  passed  through  New  York  on  my  return,  I 
am  under  the  necessity  of  remaining  at  the  distance  of  five  miles  from 
Philadelphia  until  Saturday  next.  This  circumstance  prevents  me  from 
consulting  my  private  and  other  papers  upon  the  matters  in  question. 
But  I  shall  lose  no  time  in  digesting  them  into  proper  form  and  trans 
mitting  the  result  to  you.  Nor  will  my  solicitude  on  this  head  be 
doubted  when  I  state  to  you,  that  malicious  whispers  have  been  more 
than  commonly  active  on  this  occasion." 

This  was  followed  by  a  letter  of  Sept.  21  asking  for  informa 
tion  concerning  Nos.  3  and  6.  To  these  Washington  replied  from 
Mount  Vernon,  Sept.  27,  saying  :  "  I  have  never  seen  in  whole  or 
in  part  Mr.  Fauchet's  despatches  numbered  three  and  six  ;  nor  do 
I  possess  any  documents,  or  knowledge  of  papers  which  have 
affinity  to  the  subject  in  question.  No  man  would  rejoice  more 
than  I  should,  to  find  that  the  suspicions  which  have  resulted 
from  the  intercepted  letter  were  unequivocally  and  honorably  re 
moved."  In  reply  to  a  letter  of  Oct.  2  Mr.  Wolcott  made  a  sim 
ilar  disclaimer  of  any  knowledge  concerning  Nos.  3  and  6. 

The  President's  letter  of  July  22,  unequivocally  declaring  re- 


308  EDMUND  RANDOLPH. 

peal  of  the  provision-order  a  condition  of  ratification,  was  natu 
rally  a  cause  of  anxiety  to  those  who  had  secured  his  signature 
without  such  condition.1  Col.  Pickering's  careful  removal  of  the 
letter  from  the  Department  sufficiently  indicates  his  sense  of  its 
character,  although,  to  Randolph's  demand  for  it,  he  refused,  with 
insolent  language,  on  the  ground  that  the  letter  could  not  "  be 
necessary  for  Mr.  Randolph's  exculpation."  The  President,  how 
ever,  compelled  Col.  Pickering  to  give  Randolph  the  letter.  In 
reply  to  a  letter  from  Randolph  of  Oct.  8,  asking  this,  and  giving 
a  list  of  papers  he  means  to  publish,  the  President  says :  "  You  are 
at  full  liberty  to  publish,  without  reserve,  any  and  every  private 
and  confidential  letter  I  ever  wrote  you  ; — nay  more — every  word 
I  ever  uttered  to,  or  in  your  presence,  from  whence  you  can  de 
rive  any  advantage  in  your  vindication."  "  That  public  will  judge, 
when  it  comes  to  see  your  vindication,  how  far  and  how  proper  it 
has  been  for  you  to  publish  private  and  confidential  communica 
tions — which  oftentimes  have  been  written  in  a  hurry,  and  some 
times  without  even  copies  being  taken."  (Reference  to  the  letter 
of  July  22  will  show  that  it  was  expressly  written  to  be  used  in 
conduct  of  the  negotiations.)  In  answer  to  this  (Oct.  21)  letter 
Randolph  refers  to  a  phrase  in  it  ("doubts  which  afterwards 
arose,"  i.  e.  about  signing  the  treaty)  and  says  he  must  contend, 
from  proofs  in  his  possession,  that  from  July  13  to  Aug.  n,  there 
were  no  "  doubts  "  but  "  determination."  Recognising  in  the  li 
cense  given  to  publish  "  a  qualified  effort  to  do  justice,"  Randolph 
thinks  "  the  candor  which  the  letter  seems  to  wear  would  have 
been  more  seasonable  had  it  commenced  with  this  injurious 
business." 

The  President's  answer,  though  never  sent,  was  preserved  by 

him.*  He  refers  to  Randolph's  words,  "  I  have  been  the  meditated 

victim  of  party  spirit,"  and  says  he  cannot  understand  them.  They 

cannot  be  aimed  at  himself  who  so  continually  deplored  party  dis- 

1  See  Bond's  despatch,  Nov.  15,  in  chapter  XXVIII.     7  Sparks,  ed.  1836,  I.,  p.  £7. 


THE  PRESIDENT'S  ANXIETY.  3O9 

cords.  The  disclosure  to  him,  by  an  officer  of  government,  of  M. 
Fauchet's  intercepted  letter  was  an  act  of  evident  propriety.  He 
is  at  a  loss  to  understand  other  words :  "  I  shall  disclose  even 
what  I  am  compelled  to  disclose,  under  operation  of  the  necessity 
which  you  yourself  have  created."  Can  this  allude  to  his  putting 
the  letter  into  his  hands  in  the  presence  of  the  heads  of  the  de 
partments?  "  or  to  the  acceptance  of  your  resignation,  voluntarily 
and  unexpectedly  given  ?  "  "  If  neither  of  these,  nor  an  expecta 
tion  that  I  should  have  passed  the  matter  over  unnoticed  or  in  a 
private  explanation  only  between  ourselves,  I  know  nothing  to 
which  the  sentiment  can  have  the  least  reference." 

"  Rough  draft  of  a  letter  to  Edmund  Randolph,  but,  on  re 
consideration,  it  was  not  sent."  Such  is  Washington's  memoran 
dum.  It  was  better  so.  The  fatal  thing  is  not  alluded  to.  Wash 
ington  was  not  expected  to  talk  over  the  Fauchet  letter  "only" 
with  Randolph ;  but  he  left  out  of  the  talk,  for  eight  days,  the 
only  man  affected  by  it.  He  excluded  his  most  intimate  friend, 
and  consulted  with  that  friend's  avowed  enemies  about  his  honor. 
This  was  the  great  wrong.  Whatever  reasons  of  state  may  have 
caused  it,  no  personal  explanation  or  justification  was  possible, 
and  none  has  been  attempted  to  this  day. 

The  anxiety  of  the  President  concerning  the  forthcoming 
"  Vindication  "  is  disclosed  in  various  letters.  The  following  to 
Hamilton  has  not  been  published : 

"  PHILADELPHIA,  October  29th,  1798. — (Private  and  confidential.) — 
My  Dear  Sir  :  A  voluminous  publication  is  daily  expected  from  Mr. 
R.  The  paper  alluded  to  in  the  extract  of  his  letter  to  me  of  the  8th 
inst,  and  inserted  in  all  the  Gazettes,  is  a  letter  of  my  own  to  him, 
from  which  he  intends  (as  far  as  I  can  collect  from  a  combination  of 
circumstances)  to  prove  an  inconsistency  in  my  conduct,  in  ratifying 
the  Treaty  with  G.  Britain,  without  making  a  rescinding  (by  the  British 
government)  of  what  is  commonly  called  the  Provision  order,  equally 
with  the  exception  of  the  i2th  article  by  the  Senate,  a  condition  of  that 
ratification,  intending  thereby  to  show,  that  my  final  decision  thereon 


310  EDMUND  RANDOLPH. 

was  the  result  of  party  advice  ;  and  that  that  party  was  under  British 
influence.  It  being  a  letter  of  my  own  which  he  has  asked  for,  I  did 
not  hesitate  a  moment  to  furnish  him  therewith,  and  to  authorize  him 
to  publish  every  private  letter  I  ever  wrote,  and  every  word  I  ever  uttered 
to  him,  if  he  thought  they  w'd  contribute  to  his  vindication.  But  the 
paper  he  asked  for  is  but  a  mite  of  the  volume  that  is  to  appear ;  for 
without  any  previous  knowledge  of  mine,  he  had  compiled  every  official 
paper  (before  this  was  asked)  for  publication,  the  knowledge  of  which 
can  subserve  the  purposes  he  has  in  view  ;  and  why  they  have  not 
made  their  appearance  before  this,  I  know  not,  as  it  was  estimated  in 
the  published  extract  of  his  letter  to  me,  that  nothing  retarded  it  but 
the  want  of  the  paper  then  applied  for,  which  was  furnished  the  day 
after  my  arrival  in  this  city,  where  (on  the  2oth  inst.)  I  found  his  letter, 
after  it  had  gone  to  Alexandria,  and  had  returned." 

Had  the  President  been  in  a  state  of  mind  to  reflect  calmly, 
it  might  have  occurred  to  him  that  some  of  Randolph's  copies 
were  perhaps  made  for  that  review  of  his  administration  on 
which  his  friend  had  long  been  engaged ;  not  for  his  own 
"  vindication,"  but  for  that  of  a  then  more  abused  man — Wash 
ington  himself. 


CHAPTER     XXX. 

"  PRECIEUSES  CONFESSIONS/' 

THE  first  passage  in  Fauchet's  famous  despatch  which  affects 
Randolph  is  in  the  first  paragraph :  "  Besides,  the  precious  con 
fessions  of  Mr.  Randolph  alone  throw  a  satisfactory  light  upon 
every  thing  that  comes  to  pass.  These  I  have  not  yet  commu 
nicated  to  my  colleagues." 

Had  Fauchet  meant  his  despatch  to  be  a  boomerang  and 
return  from  France  to  strike  the  Secretary  of  State,  it  could 
not  have  been  contrived  more  skilfully.  The  sensitiveness  of 
the  President  about  secrecy  in  his  councils  could  not  fail  to  be 
touched  by  this  suggestion  of  unauthorized  disclosures.  These 
two  opening  sentences,  all  the  more  because  without  specification, 
might  easily  color  the  whole  despatch. 

Fauchet,  challenged  by  Randolph  when  both  were  fallen  to  ex 
plain  this,  referred,  as  No.  10  does,  to  No.  3,  adding  that  he  had 
sometimes  mistaken  authorized  communications  for  confidences ; 
that  he  had  come  to  suspect,  in  these,  mere  efforts  to  sound  him 
on  French  intentions ;  that  some  things  that  might  be  supposed 
Randolph's  assertions  were  his  own  inferences  and  conjectures; 
and  that  they  no  doubt  sometimes  misunderstood  each  other. 

The  whole  charge,  therefore,  turned  on  despatch  No.  3. 
This  is  a  personal  despatch,  countersigned  by  Le  Blanc,  Secre 
tary  of  Legation,  and  dated  4  June  1794.  The  first  part,  which 
M.  Adet,  unfortunately  for  Randolph,  withheld  from  him,  states 
that  Randolph  disliked  communicating  with  him  in  the  presence 

311 


312  EDMUND  RANDOLPH. 

of  citizen  P£try  or  citizen  La  Forest  "  because  they  were  friends, 
La  Forest  of  Hamilton  and  Knox,  and  P6try  of  Izard  and  Smith  " ; 
to  which  Fauchet  replies  that  he  had  the  same  opinion  of  his 
coadjutors,  and  that  neither  had  lately  taken  any  part  in  his  con 
ferences. 

"Then  [proceeds  No.  3]  the  Secretary  of  State  appeared  to 
open  himself  without  reserve.  He  imparted  to  me  the  intestine 
divisions  which  were  rumbling  in  the  United  States.  The  idea 
of  an  approaching  commotion  affected  him  deeply.  He  hoped  to 
prevent  it  by  the  ascendancy  which  he  daily  acquired  over  the 
mind  of  the  President,  who  consulted  him  in  all  affairs,  and 
to  whom  he  told  the  truth,  which  his  colleagues  disguised  from 
him.  The  President  of  the  United  States,  says  he,  is  the  mortal 
enemy  of  England,  and  the  friend  of  France.  I  can  affirm  it  on  my 
honour.1  But  not  mixing  with  the  world,  he  may  be  circumvented  by 
the  dark  manoeuvres  of  some  men,  who  wind  themselves  in  a  hundred 
ways  to  draw  him  into  measures  which  will  cause  him  to  lose  all  his 
popularity.  Under  pretext  of  giving  energy  to  the  government  they 
would  absolutely  make  a  monarch  of  him.  They  deceive  him  as  to  the 
true  spirit  of  the  people,  as  well  as  upon  the  affairs  of  France.  I  am 
sure  that,  at  this  moment,  he  escapes  from  them,  and  that  in  all  these 
perfidious  manoeuvres  they  have  not  been  able  to  persuade  him  from 
pronouncing  with  vigor  against  the  ministry  of  England.  He  has — but 
it  is  impossible  for  me  in  conscience  to  make  you  this  confession.  I 
should  betray  the  duties  of  my  office.  Every  thing  which  I  can  say  to 
you  is  that  it  is  important  for  our  two  nations  that  you  continue  to  visit 
him  frequently.2  He  will  be  touched  with  the  proofs  of  friendship 
which  you  shall  testify  to  him;  and  I  am  sure  this  will  be  an  infallible 
means  of  causing  them  to  be  valued.  I  would  quit  the  post  which  he 

1  The  conversation  was  in  April  1794.  On  the  15  April  Washington  wrote  Ran 
dolph  that  war  must  ensue  if  England  did  not  "  redress  our  complaints  "  ;  and  at  the 
same  time  instructed  Monroe  that  "  in  case  of  war  with  any  nation  upon  earth  we 
shall  consider  France  as  our  first  and  natural  ally."  Later  he  instructed  Monroe 
that  England  and  Spain  agree  in  their  cordial  hatred  of  the  United  States.  "  Had 
the  threatened  war  with  Great  Britain  been  realized,"  wrote  Randolph  in  his 
"  Vindication,"  "then  this  policy  would  have  shone  forth  with  lustre." 

*  The  failure  of  Hammond  in  this  respect,  it  will  be  remembered,  wounded  Wash 
ington  and  was  resented  by  Randolph.  It  will  be  seen  by  Randolph's  letter  to  Mon 
roe,  29  July  1795  (Chapter  XXIV.),  that  he  resented  similar  conduct  in  the  man  said 
to  have  been  his  confidant,  towards  him  he  (Randolph)  was  said  to  have  betrayed. 


RANDOLPH'S  RESERVATIONS.  313 

has  confided  to  me  if  he  could  be  brought  to  make  any  attempt  on  the 
rights  of  the  people.  A  bill  has  passed  the  House  of  Representatives 
which  wounds  liberty.  They  have  at  least  taken  away  the  article  which 
prevents  the  sale  of  the  French  prizes  in  our  ports.  My  heart  is 
troubled  by  it.  But  I  have  seen  with  pleasure  that  my  reflections  on 
this  subject,  upon  the  dreadful  crisis  which  would  result  from  an  abuse 
of  it,  have  made  a  deep  impression  on  the  mind — I  will  even  say  upon 
the  heart — of  the  President,  who  is  an  honorable  man.  Let  us  unite, 
Mr.  Fauchet,  to  draw  our  two  nations  closer  together.  Those  who  love 
liberty  are  for  fraternising  with  the  French  Republic,  the  partisans  of 
slavery  prefer  an  alliance  with  England.  I,  he  said  to  me  (in  speaking 
of  the  treaty  of  Jay),  [affirm]  that  there  is  no  question  in  his  mission,  but 
to  demand  a  solemn  reparation  for  the  spoliations  which  our  commerce 
has  experienced  on  the  part  of  England 1  ;  and  to  give  you  a  proof  that 
Mr.  Jay  cannot  enter  into  a  negotiation  contrary  to  what  we  owe  to 
France,  I  will  give  you  the  part  of  the  instructions  which  concern  it. 

"  Although  the  following  note  which  I  have,  written  in  his  own  hand, 
with  a  promise  to  burn  it,  be  little  important,  I  annex  it  hereto  :  '  If 
the  English  ministry  shall  insinuate  that  the  whole  or  any  part  of 
these  instructions  shall  appear  to  be  influenced  by  a  supposed  predi 
lection  in  favour  of  France,  you  will  arrest  the  subject  as  being  for 
eign  to  the  present  question.  It  is  what  the  English  nation  has  no 
right  to  object  to  ;  because  we  are  free  in  our  sentiments  and  inde 
pendent  in  our  government.'  '  The  following  case  is  to  be  unchange 
able.  As  there  is  no  doubt  that  the  English  ministry  will  endeavour 
to  detach  us  from  France,  you  will  inform  them  of  the  firm  determi 
nation  of  the  government  of  the  United  States,  not  to  deviate  from 
our  treaties  or  our  engagements  with  France.'  " 8 

1  This  is  Fauchet's  own  inference,  fair  enough,  from   the  President's  message, 
nominating  Jay,  in  which  nothing   is  said  of  the   eventual   powers  of   commercial 
negotiation.     But  indeed,  at  the  time  of  this  conversation  (April  1794),  such  negotia 
tion  appeared  improbable.     Jay  and  Grenville  kept  their  first  talks  on  this  point 
secret  even  from  Washington  and  Randolph. 

2  The  corresponding  passages  in  Jay's  Instructions  (6  May  1794)  will  show  Ran 
dolph's  cautious  reservations,  which  I  italicise. 

"If  the  British  Ministry  should  hint  at  any  supposed  predilection  in  the  United 
States  for  the  French  nation,  as  warranting  the  whole  or  any  part  of  these  instruc 
tions,  you  will  stop  the  progress  of  this  subject,  as  being  irrelative  to  the  question  in 
hand.  It  is  a  circumstance  which  the  British  nation  have  no  right  to  object 
to  us  ;  because  we  are  free  in  our  affections  and  independent  in  our  government. 
But  it  may  be  safely  answered ',  upon  the  authority  of  the  correspondence  bet-ween  the 
Secretary  of  State  and  Mr.  Hammond,  that  our  neutrality  has  been  scrupulously  ob- 


3H  EDMUND  RANDOLPH. 

9 

Despatch  No.  3,  though  dated  4  June  1794,  refers  to  a  conver 
sation  in  April.  It  was  held  at  a  period  when  Fauchet  did  indeed 
hold,  unconsciously,  the  balance  between  peace  and  civil  war.  A 
bill  had  passed  the  House  raising  25,000  men  with  view  to  an 
expedition  against  Kentucky,  where  officers,  commissioned  by 
Genet,  were  about  to  lead  the  militia  against  Louisiana.  It  was 
important  that  Fauchet  should  be  persuaded  to  disown  Genet's 
commissions  ;  but  at  that  very  moment  Jay's  mission  had  excited 
his  jealousy.  Moreover,  it  must  be  borne  in  mind,  war  with 
England  was  imminent,  as  the  President  warned  Congress  in  his 
nomination  of  Jay  ;  and  a  French  alliance  must  be  arranged  for, 
as  he  instructed  Jay.  Under  these  circumstances  the  President 
directed  Randolph  to  read  a  part  of  Jay's  instructions  to  Fauchet, 
and  put  him  in  a  good  humor.  Randolph  did  this  with  an  air  of 
intimacy — such  as  asking  him  to  burn  the  extract — which  the 
Frenchman  half  suspected.  ("  The  Secretary  of  State  appeared 
to  open  himself  without  reserve.")  A  comparison  of  the  passages 
written  out  for  Fauchet  (fortunately  not  burned  by  him  as  he 
promised)  with  Jay's  instructions,  shows  cautious  "  reserve," — 
sentences  suggestive  of  what  might  "  eventually "  occur  in. 
London  being  amputated.1  But  the  conversation  in  April  was 
successful,  so  far  as  Kentucky  was  concerned.  On  March  29 

served."  "You  will  therefore  consider  the  ideas  herein  expressed,  as  amounting  to 
recommendations  only,  .  .  .  except  in  the  two  following  cases,  are  immutable  .  .  . 
I.  That  as  the  British  ministry  will  doubtless  be  solicitous  to  detach  us  from  France, 
and  may  probably  make  some  overture  of  this  kind,  you  will  inform  them  that  the 
government  of  the  United  States  will  not  derogate  from  our  treaties  and  engage 
ments  with  France,  and  that  experience  has  shown  that  we  can  be  honest  in  our  duties 
to  the  British  nation,  without  laying  ourselves  under  any  particular  restraints  as  to 
other  nations  ;  and  (2)  that  no  treaty  of  commerce  be  concluded  or  signed  contrary  to 
the  foregoing  prohibition. " 

It  would  have  been  impossible,  with  these  reservations  in  No.  3  before  him,  for 
the  President  to  have  supposed  that  Randolph  had  been  even  indiscreet  in'  the 
"  precious  confessions  "  boasted  of  in  No.  10. 

1  The  official  authorization  of  Randolph's  communication  of  the  instructions  was 
not  denied,  and  was  used  by  Pickering,  in  controversy  with  Adet,  as  evidence  of 
"  candor  and  friendship."  A  Message  from  the  President,  etc.,  1797,  p.  17. 


FAUCHET'S  ANACHRONISM.  31$ 

Randolph  wrote  the  Governor  of  that  State :  "  Under  whatever 
auspices  of  a  foreign  agent  these  commotions  were  at  first  raised, 
the  present  Minister  Plenipotentiary  of  the  French  Republic  has 
publicly  disavowed  and  recalled  the  commissions  which  have  been 
granted."  The  crisis  was  passed,  and  the  bill  to  raise  an  army  in 
"  defence  of  the  south-western  frontier  "  was  suppressed. 

After  seven  eventful  months,  during  which  the  Excise  rebel 
lion  had  broken  out  and  set  the  army  in  motion,  Fauchet  writes 
No.  10,  31  Oct.  1794.  In  it  he  ingeniously  utilizes  the  April 
conversation.  In  paragraph  14  he  says  that  the  government, 
foreseeing  a  revolution,  and  defeated  in  its  efforts  to  obtain  [from 
Congress]  a  disposable  force,  may  have  hastened  the  local  erup 
tion  [at  Pittsburgh],  in  order  to  make  an  advantageous  diversion  ; 
this  being  done  by  an  exasperating  law  enforcing  the  excise. 
"  Am  I  not  authorized  in  forming  this  conjecture  from  the  con 
versation  which  the  Secretary  of  State  had  with  me  and  Le  Blanc 
alone,  an  account  of  which  you  have  in  my  dispatch  No.  3  ?  " 
But  the  rebellion  broke  out,  and  the  "  exasperating  "  law  was 
passed,  long  after  the  April  interview  of  No.  3. 

Thus  there  is  in  No.  3  no  information  beyond  what  was 
authorized.  On  the  contrary,  in  it  Randolph  explains  why  he 
could  give  none.  "  I  should  betray  the  duties  of  my  office." 

In  his  "  Vindication  "  Randolph  goes  step  by  step  through 
Fauchet's  elaborate  despatch  10,  points  out  the  strictness  with 
which  its  information  is  limited  to  that  of  the  newspapers ;  and 
reminds  the  President  of  how  many  secrets  had  been  worth  much 
French  gold,  but  of  which  Fauchet  was  evidently  ignorant.  His 
unanswerable  arguments  and  facts  need  not,  however,  be  here 
reproduced ;  for  if  any  doubts  have  survived  of  Randolph's 
loyalty,  or  even  of  his  prudence,  in  his  conversations  with  Fau 
chet,  they  must  end  with  a  document  found  by  Mr.  Durand  in 
the  Foreign  Office  at  Paris  (1888)  and  forwarded  by  that  gentle 
man  to  me. 


316  EDMUND  RANDOLPH. 

It  is  a  despatch  from  Fauchet  to  his  government,  dated 
Pluviose  6,  3d  Year  of  the  Republic ;  that  is,  26  January  1795. 
This  was  more  than  two  months  before  the  "  compromising  " 
despatch  was  intercepted,  six  months  before  it  appeared  in  Amer 
ica,  having  thus  no  connection  with  Randolph's  troubles.  In  this 
newly  discovered  despatch,  speaking  of  the  means  he  took  to 
circumvent  Jay,  Fauchet  writes  : 

"  My  conversations  with  M.  Randolph  were  my  only  resource.  I 
gave  him  to  understand  that  it  would  be  to  disown  a  friendship  so  long 
and  so  often  vowed  [between  France  and  the  United  States],  to  take 
advantage  of  the  embarrassing  circumstances  in  which  the  Republic 
found  itself  to  open  an  easy  access  to  its  enemies  by  negotiations  which 
would  weaken  our  political  rapport,  and  place  obstacles  to  new  com 
mercial  treaties.  He  (Randolph),  it  appears,  played  the  sincere  and 
made  me  false  confidences.  My  suspicions,  however,  kept  me  con 
stantly  on  the  watch  ;  I  have  constantly  kept  yours  awake  in  all  my 
dispatches  ;  and  I  intended  at  least  to  place  the  French  Government 
in  a  condition  to  ward  off  in  Europe  a  stroke  arranged  here  in  the 
greatest  secrecy." ' 

Here,  then,  is  evidence  that  the  "  pr£cieuses  confessions,"  even 
if  not  mythical,  had  proved  "  fausses  confidences/'  Whatever 
complaint  Fauchet  might  make, — that  is  considered  elsewhere, — 
the  President,  with  this  despatch  before  him,  must  have  instantly 
dismissed  all  suspicion  of  intrigue  and  disloyalty. 

1  The  original  is  as  follows  :  "  Mes  conversations  avec  M.  Randolph  furent  ma 
seule  ressource  ;  je  lui  fis  entendre  que  c'etait  bien  dementir  une  amitie  si  longtemps 
et  si  frequemment  juree  que  de  profiler  des  circonstances  ou  etait  la  Republique,  pour 
ouvrir  un  acces  facile  4  ses  ennemis  dans  des  negociations  qui  devaient  infirmer  nos 
liaisons  politiques  et  mettre  obstacle  a  de  nouveaux  liens  commerciaux.  II  (Ran 
dolph)  joua,  a  ce  qu'il  parait,  le  sincere  et  me  fit  de  fausses  confidences.  Mes  soup- 
9ons  m'ont  cependaut  constamment  tenu  sur  mes  gardes  ;  j'ai  constamment  eveilie 
les  tiens  dans  tous  mes  depeches,  et  je  comptais  du  moins  mettre  le  gouvernement 
fran^ais  en  etat  de  parer  en  Europe  un  coup  trame  ici  dans  le  plus  grand  secret." 


CHAPTER  XXXI. 

THE      "OVERTURES." 

IN  paragraph  15  (No.  10)  Fauchet  states  that  the  "military 
part  of  the  suppression  [of  the  Pittsburgh  insurrection]  is  doubt 
less  Mr.  Hamilton's ;  the  pacific  part  and  the  sending  of  commis 
sioners  are  due  to  the  influence  of  Mr.  Randolph  over  the  mind 
of  the  President."  Then  follows  the  i6th  paragraph,  with  its 
sweeping  insinuations : 

"  In  the  mean  time,  although  there  was  a  certainty  of  having  an 
army,  yet  it  was  necessary  to  assure  themselves  of  co-operators 
among  the  men  whose  patriotic  reputation  might  influence  their  party, 
and  whose  lukewarmness  or  want  of  energy  in  the  existing  conjunct 
ures  might  compromise  the  success  of  their  plans.  Of  all  the  govern 
ors  whose  duty  it  was  to  appear  at  the  head  of  the  requisitions,  the 
Governor  of  Pennsylvania  [Mifflin]  alone  enjoyed  the  name  of  Repub 
lican  :  his  opinion  of  the  Secretary  of  the  Treasury  [Hamilton]  and  of 
his  system  was  known  to  be  unfavorable.  The  Secretary  of  this  State 
[Dallas]  possessed  great  influence  in  the  popular  society  of  Pennsyl 
vania,  which  in  its  turn  influenced  those  of  other  States  :  of  course  he 
merited  attention.  It  appears  therefore  that  these  men,  with  others 
unknown  to  me,  all  having  without  doubt  Randolph  at  their  head,  were 
balancing  to  decide  on  their  party.  Two  or  three  days  before  the 
proclamation  was  published, — and  of  course  before  the  Cabinet  had 
resolved  on  its  measures, — Mr.  Randolph  came  to  see  me  with  an  air 
of  great  eagerness,  and  made  to  me  the  overtures  of  which  I  have 
given  you  an  account  in  my  No.  6.  Thus  with  some  thousands  of  dol 
lars  the  [French]  Republic  could  have  decided  on  civil  war  or  on 
peace  !  Thus  the  consciences  of  the  pretended  patriots  of  America 
have  already  their  prices  (tariff  \  It  is  very  true  that  the  certainty  of 
these  conclusions,  painful  to  be  drawn,  will  forever  exist  in  our 

317 


318  EDMUND  RANDOLPH. 

archives  !  What  will  be  the  old  age  of  this  government  if  it  is  thus 
early  decrepid  !  Such,  citizen,  is  the  evident  consequence  of  the 
system  of  finances  conceived  by  Mr.  Hamilton.  He  has  made  of  a 
whole  nation  a  stock-jobbing,  speculating,  selfish  people.  Riches 
alone  here  fix  consideration,  and  as  no  one  likes  to  be  despised,  they 
are  universally  sought  after.  Nevertheless  this  depravity  has  not  yet 
embraced  the  mass  of  the  people  ;  the  effects  of  this  pernicious  system 
have  as  yet  but  slightly  touched  them.  Still  there  are  patriots,  of 
whom  I  delight  to  entertain  an  idea  worthy  of  that  imposing  title.  Con 
sult  Monroe  ;  he  is  of  this  number  ;  he  had  apprised  me  of  the  men 
whom  the  current  of  events  had  dragged  along  as  bodies  devoid  of 
weight.  His  friend  Madison  is  also  an  honest  man.  Jefferson,  on 
whom  the  patriots  cast  their  eyes  to  succeed  the  President,  had  fore 
seen  these  crises.  He  prudently  retired  in  order  to  avoid  making  a 
figure  against  his  inclination  in  scenes,  the  secret  of  which  will  soon  or 
late  be  brought  to  light." 

To  this  may  here  be  added  the  following  from  the  next  para 
graph  (17): 

"  As  soon  as  it  was  decided  that  the  French  Republic  purchased  no 
men  to  do  their  duty,  there  were  to  be  seen  individuals,  about  whose 
conduct  the  government  could  at  least  form  uneasy  conjectures, 
giving  themselves  up  with  a  scandalous  ostentation  to  its  views,  and 
even  seconding  its  declarations." 

In  paragraph  18  Fauchet  says: 

"  The  army  marched  ;  the  President  made  known  that  he  was 
going  to  command  it ;  he  set  out  for  Carlisle  ;  Hamilton,  as  I  have 
understood,  requested  to  follow  him  ;  the  President  dared  not  to 
refuse  him.  It  does  not  require  much  penetration  to  divine  the  object 
of  this  journey  :  in  the  President  it  was  wise  ;  it  might  also  be  his 
duty.  But  in  Mr.  Hamilton  it  was  a  consequence  of  the  profound 
policy  which  directs  all  his  steps  ;  a  measure  dictated  by  a  perfect 
knowledge  of  the  human  heart.  Was  it  not  interesting  for  him,  for  his 
party,  tottering  under  the  weight  of  events  without  and  accusations 
within,  to  proclaim  an  intimacy  more  perfect  than  ever  with  the  Presi 
dent,  whose  very  name  is  a  sufficient  shield  againt  the  most  formidable 
attacks  ? " 

It  will  be  seen  that  all  these  innuendos,  so  far  as  they  con 
cerned  Randolph,  depended  on  the  "  overtures  "  said  to  be  con- 


A   PATRIOT'S  DISTRESS.  319 

tained  in  Despatch  6.  That,  of  course,  was  obtained  from  the 
French  embassy  by  Randolph.  The  only  passage  concerning  him 
is  as  follows  : 

"  Scarce  was  the  commotion  known  [the  Pittsburgh  insurrection] 
when  the  Secretary  of  State  came  to  my  house.  All  his  countenance 
was  grief.  He  requested  of  me  a  private  conversation.  It  is  all  over, 
he  said  to  me.  A  civil  war  is  about  to  ravage  our  unhappy  country. 
Four  men  by  their  talents,  their  influence,  and  their  energy  may  save  it. 
But  debtors  of  [English]  merchants,  they  will  be  deprived  of  their 
liberty,  if  they  take  the  smallest  step.  Could  you  lend  them  instanta 
neously  funds  sufficient  to  shelter  them  from  English  prosecution? 
This  inquiry  astonished  me  much.  It  was  impossible  for  me  to  make 
a  satisfactory  answer.  You  know  my  want  of  power,  and  my  defect  of 
pecuniary  means.  I  shall  draw  myself  from  the  affair  by  some  com 
monplace  remarks,  and  by  throwing  myself  on  the  pure  and  unalterable 
principles  of  the  republic. 

"  I  have  never  since  heard  of  propositions  of  this  nature."  * 

Fauchet's  explanation  of  this  to  Randolph  is  as  follows : 

"A  little  time  after  my  arrival  in  America  I  had  requested  Mr. 
Randolph  to  recommend  me  the  most  proper  persons  with  whom  he 
was  acquainted  in  the  different  States  to  be  employed  in  the  purchase 
of  flour.  This  request  naturally  led  him  to  believe  that  there  were 
persons  employed  in  it,  as  they  really  were.  We  had  frequent  conver 
sations  upon  the  insurrection,  and  in  all  of  them  he  manifested  an  un 
equivocal  indignation  against  the  fomenters  of  it,  and  a  deep  affliction 
at  the  dangers  of  a  civil  war.  I  had  learned,  as  my  dispatch  No.  10 

1  M.  Adet  gave  Randolph  only  the  above  portion.  The  copy  in  Paris,  written  in 
cipher  (translated)  and  script,  is  dated  5  September  1794.  It  opens  with  animadver 
sions  on  Jay,  and  reflections  on  Hamilton  and  others.  The  original  of  the  passage 
concerning  Randolph  is  as  follows  :  "A  peine  1'explosion  connue  le  Secretaire  d'etat 
(Randolph)  s'est  rendu  chez  moi  ;  toute  sa  physiognomic  etait  douleur  ;  il  me  demande 
un  entretien  particulier.  C'en  est  fait,  me  dit-il  ;  la  guerre  civil  va  ravager  notre 
malheureuse  patrie.  Quatre  hommes  par  leur  talent,  leur  influence,  et  leur  energie 
peuvent  la  sauver,  mais  debiteurs  de  negocians  et  au  moindre  pas  qu'ils  feront  ils 
seront  prives  de  leur  liberte.  Pourriez  vous  leur  preter  momentanement  des  fonds 
suffisants  pour  les  mettre  a  1'abri  de  la  persecution  Anglaise  ?  Cette  demande 
m'e'tonna  beaucoup  ;  51  m'etait  impossible  de  faire  savoir  une  reponse  satisfaisante  ;  tu 
connais  et  mon  impuissance  et  mon  defaut  de  moyens  pecuniaires  ;  je  me  tirai  d'affaire 
par  quelques  lieux-communs,  et  en  me  rejettant  sur  les  priucipes  pur  et  inalterables 
de  la  republique.  Depuis  je  n'ai  plus  entendu  parler  de  proposition  de  cette nature." 


320  EDMUND  RANDOLPH. 

shows,  that  the  English  were  suspected  of  fomenting  and  supporting 
these  manoeuvres.  I  communicated  my  suspicions  to  Mr.  Randolph. 
I  had  already  communicated  to  him  a  Congress  which  at  this  time  was 
holden  in  New  York.  I  had  communicated  to  him  fears  that  this  Con 
gress  would  have  for  its  object  some  manoeuvres  against  the  Republic 
of  France,  and  to  render  unpopular  some  virtuous  men  who  were  at 
the  head  of  affairs, — to  destroy  the  confidence  which  existed,  on  one 
hand,  between  General  Clinton  and  his  fellow-citizens,  and,  on  the 
other,  that  which  united  the  President  to  Mr.  Randolph.  He  said  to 
me  that  I  ought  to  make  efforts  to  obtain  the  proofs  of  this  fact,  and 
he  added  to  me  that,  if  I  did  so,  the  President  would  not  hesitate  to 
declare  himself  against  all  the  manoeuvres  which  might  be  directed 
against  the  French  republic.  Things  remained  in  this  situation. 
About  the  month  of  July  or  August,  in  the  last  year,  he  came  to  see  me 
at  my  country  house.  It  was  in  the  afternoon.  He  was  to  go  that 
evening  to  Germantown.  We  had  a  private  conversation  of  about 
twenty  minutes.  His  countenance  bespoke  distress.  He  said  to  me 
that  he  was  afraid  a  civil  war  would  soon  ravage  America.  I  inquired 
of  him  what  new  information  was  procured.  He  said  that  he  began 
to  believe  that  in  fact  the  English  were  really  fomenting  the  insurrec 
tion,  and  that  he  did  not  doubt  that  Mr.  Hammond  and  his  Congress 
would  push  some  measures  with  respect  to  the  insurrection  with  an  in 
tention  of  giving  embarrassment  to  the  United  States.  He  demanded 
of  me,  if,  as  my  Republic  was  itself  interested  in  these  manoeuvres,  I 
could  not  by  the  means  of  some  correspondents  procure  some  informa 
tion  of  what  was  passing.  I  answered  him  that  I  believed  I  could.  He 
replied  to  this,  that  having  formed  many  connections  by  means  of 
flour  contracts,  three  or  four  persons  among  the  different  contractors 
might,  by  talents,  energy,  and  some  influence,  procure  the  necessary 
information,  and  save  America  from  a  civil  war,  by  proving  that  Eng 
land  interfered  in  the  troubles  of  the  West.  I  do  not  recollect  that  he 
gave  to  me  at  that  time  any  details  upon  the  manner  in  which  this  dis 
covery  would  produce  this  last  effect.  But  I  perfectly  remember  to 
have  heard  it  said  by  some  person  or  other,  that  the  insurgents  would 
be  abandoned  by  the  greatest  number  of  those  whom  they  believed  to 
be  on  their  side,  and  that  the  militia  would  march  with  cheerfulness,  if 
it  were  proved  that  the  English  were  at  the  bottom  of  these  manoeuvres. 
I  think,  therefore,  that  this  was  probably  the  manner  in  which  he  con 
ceived  that  things  should  be  settled  ;  and  that  he  thought  that  the  in 
surrection  would  cease  from  the  want  of  support.  At  the  moment  of 


HAMMOND'S   CONGRESS.  $21 

mounting  his  horse  he  observed  to  me,  that  the  men  whom  I  might  be 
able  to  employ  might  perhaps  be  debtors  of  English  merchants  ;  that 
in  this  case  they  might  perhaps  be  exposed,  on  the  slightest  movement 
which  they  should  make  in  this  important  affair,  to  see  themselves 
harrassed  by  process,  and  even  arrested  by  the  pursuits  of  their  credi 
tors.  He  asked  me  if  the  payments  of  the  sums  which  were  due  to 
them  by  virtue  of  the  existing  contracts  would  not  be  sufficiently  early 
to  render  these  individuals  independent  of  British  persecution.  I  con 
fess  that  this  proposition  to  obtain  this  intelligence  surprised  me.  I 
was  astonished  that  the  government  itself  did  not  procure  for  itself  in 
formation  so  precious.  And  I  made  the  reflections,  contained  in  my 
letter  on  this  affair,  because  I  believed,  and  do  still  believe,  that  all  the 
citizens  in  the  United  States  ought  to  endeavor  to  furnish  intelligence 
so  important,  without  being  stopped  by  fear  of  English  persecution  ; 
and  because  I  moreover  thought,  when  I  committed  my  reflections  to 
paper,  that  it  was  proposed  to  obtain  the  foregoing  intelligence  by  as 
sisting  with  loans  those  who  had  contracted  with  me.  But  now  calling 
to  mind  all  the  circumstances  to  which  the  questions  of  Mr.  Randolph 
call  my  attention,  I  have  an  intimate  conviction  that  I  was  mistaken  in 
the  propositions  which  I  supposed  to  have  been  made  to  me.  I  de 
clare,  moreover,  that  no  name  or  sum  was  mentioned  to  me  ;  that  Mr. 
Randolph  never  received,  either  directly  or  indirectly,  by  himself  or 
by  another  for  his  use,  one  shilling  from  myself,  by  my  order,  or, 
according  to  my  knowledge,  hearsay  or  belief,  from  any  other  public 
officer  of  France.  I  declare  that  he  never  made  to  me  in  this  respect  a 
single  overture  :  and  that  no  part  of  the  above  circumstance  has  the 
least  relation  to  him  personally." 

M.  Adet,  Fauchet's  successor,  having  examined  his  predeces 
sor's  despatches,  publicly  certified  "that  whensoever  Citizen 
Fauchet  has  had  occasion  to  speak  of  Mr.  Randolph,  in  respect 
to  his  morality,  he  always  describes  him  as  an  honest  and 
upright  man." 

Randolph's  letter  to  Monroe  of  July  29  (Chapter  XXIV.) 
shows  that  he  had  concluded  that  Fauchet's  story  of  Hammond's 
New  York  Congress  was  a  fiction.  Some  of  our  revelations  from 
the  English  archives  may  render  the  reader  doubtful  on  that 
point.  There  is  also  a  curious  remark  in  that  letter  that  he 
(Randolph)  supposed  that  Fauchet  "  wanted  an  exculpatory 


322  EDMUND  RANDOLPH. 

letter  for  pledging  the  public  purchases  of  flour."  It  looks  a 
little  as  if  Fauchet  had  discovered  a  consultation  in  New  York 
hostile  to  Randolph  ;  and  that  he  had  prepared  for  himself  a 
theory  of  exculpation,  for  appropriating  the  flour-money,  by 
representing  that  he  had,  by  the  Secretary  of  State's  advice,  used 
it  to  detect  and  defeat  a  conspiracy.  Randolph  may,  indeed, 
have  innocently  suggested  use  of  the  flour  merchants.  He  did 
not  deny,  though  he  had  no  remembrance  of  it,  that,  when 
Fauchet  divulged  the  machinations  of  Hammond,  he  might  have 
advised  him  to  obtain  some  evidence  of  the  story,  and  reminded 
him  that  he  might  protect  his  correspondents  by  advances  made 
to  them  on  the  score  of  his  flour  contracts.  But  Randolph  pro 
nounced  this  Despatch  6  incomprehensible.  "  What  four  men 
upon  earth  could  have  been  contemplated  ?  Why  was  British 
persecution  to  be  apprehended  ?  Why  should  so  peculiar  an  in 
terest  be  attributed  to  Mr.  Fauchet,  in  saving  the  country  from 
civil  war  ?  "  Fauchet  said  that  after  the  overtures  were  declined 
he  never  heard  more  on  the  subject ;  consequently  the  charge 
against  Randolph  was  of  an  effort  to  get  money.  But  Randolph 
pointed  out  that  when,  in  Despatch  10,  paragraph  17,  Fauchet 
says  "  the  French  Republic  purchased  no  men  to  do  their  duty," 
he  "  did  not  conceive  me  to  be  personally  concerned  in  the  over 
ture,  as  he  terms  it.  For  what  were  men  to  be  procured  ?  To 
do  their  duty.  What  was  their  duty?  To  save  their  country 
from  a  civil  war." 

After  all,  what  did  the  charge  against  Randolph  amount  to  ? 
That  "  to  save  his  unhappy  country  from  civil  war  "  Randolph 
suggested  that  the  French  minister,  whose  country  was  also 
involved,  should  "  lend  funds  "  to  certain  men  able  to  save  it  if 
relieved  of  indebtedness  to  Englishmen.  That  is  the  whole  of  it. 
Absurd  though  it  be,  what  if  it  were  admitted  ?  The  indepen 
dence  of  this  country  was  won  by  aid  of  French  gold.  Mr.  Par- 
nell  is  now  fighting  the  cause  of  Ireland  with  American  gold. 


PREPOSTEROUS  STATEMENTS.  323 

That  Washington  himself,  in  the  summer  of  1794,  feared  a  gen 
eral  revolt  against  the  government  is  proved  by  instructions  to 
Jay  (August  18).  Whatever  means  Randolph  might  have  em 
ployed  to  "  save  his  country  "  would  have  been  condoned  by 
history,  if  not  by  his  adversaries.  But  this  patriotic  object  of 
Randolph's  alleged  "  overtures  "  was  not  named  in  the  intercepted 
despatch ;  it  was  contained  in  Despatch  6,  referred  to  in  the 
other,  but  not  sent  for  by  Washington,  Wolcott,  and  Pickering, 
while  determining  Randolph's  fate.1  Indeed,  in  the  absence  of 
No.  6,  the  crucial  sentence  of  No.  10  conveys  the  impression, 
never  intended  by  Fauchet,  that  Randolph  was  among  those  who 
were  balancing  on  their  party.  He  means  that  Randolph  was 
their  leader  (a  leur  tete\  and  thought  they  might  be  influenced  by 
money  to  "  do  their  duty,"  and  save  the  "  country  from  civil 
war." 

Randolph  did  not  base  his  "  Vindication "  on  the  flour- 
merchant  incident.  The  allegations  were  preposterous.  No 
man  in  his  senses  could  have  applied  for  money  to  a  minister  of 
notorious  poverty,  in  discredit  with  his  government,  and  whose 
accounts,  always  subjected  to  the  inspection  of  two  agents,  were 
traceable.  Fauchet  was  received  by  Washington  in  February 
1794,  and  throughout  March  was  imploring  the  Cabinet  through 
Randolph  to  relieve  his  pecuniary  distress  by  an  advance  on  the 
debt  due  France,  which  government  is  represented  as  embar 
rassed.  The  Cabinet  must  have  known  how  ludicrous  was  the 
suggestion  that  Randolph  could,  at  that  very  time,  have  been 
hoping  to  handle  any  French  gold.  All  of  Fauchet's  money  had 
to  go  through  the  United  States  Bank,  and  every  dollar  was 

"  Not  the  smallest  exertion  was  made  to  procure  these  documents  ;  which 
would  be  naturally  sought  for  by  those  whose  judgement  was  not  preoccupied.  Nor 
was  this  all.  You  undertook  to  decide  for  me  that  my  inquiries  from  Mr.  Hammond 
for  No.  3  and  6  must  be  unavailing  ;  because  you  withheld  from  me  Mr.  Fauchet's 
letter  until  Mr.  Hammond  had  sailed  for  Europe.  This  is  no  speculative  complaint. 
For  I  have  been  assured  that  a  duplicate  of  No.  6  accompanied  the  letter  No.  10 
from  Philadelphia/' —  Vindication, 


324  EDMUND  RANDOLPH. 

traceable.  Randolph  challenged  an  investigation.  Moreover, 
Despatch  10  pointed  the  "  overtures  "  of  Despatch  6  to  the  Gov 
ernor  and  Secretary  of  Pennsylvania  :  the  idea  of  bribing  those 
men,  to  say  nothing  of  doing  it  with  "  some  thousands  of  dollars," 
could  not  have  been  entertained  out  of  Bedlam.  The  flour 
merchants,  British  debtors,  are  transformed  to  dignity,  but  their 
"tarif"  remains.  Finally,  the  despatches  attest  throughout 
Randolph's  constant  efforts  to  allay  Fauchet's  fears  and  inspire 
him  with  confidence  in  the  President, — the  very  reverse  of  what  a 
venal  aim  would  have  required.  The  Fauchet  despatches  show 
that  this  impecunious  and  ambitious  diplomatist  of  thirty  was 
transmitting  newspaper  gossip  to  his  ignorant  superiors,  pretend 
ing  to  receive  it  from  high  quarters,  hoping  to  be  kept  in  office, 
and  also  that  he  might  have  the  handling  of  some  of  the  cash 
with  which  France  was  buying  up  foreign  support. 

Although  the  subsequent  career  of  this  inflexible  patriot,  who 
threw  himself  "  on  the  pure  and  unalterable  principles  of  the 
republic  " — his  transformation  from  a  "  citizen  "  to  a  "  baron  " 
under  the  patronage  of  Napoleon — suggests  a  corrupt  intent  in 
his  hints  about  the  desirability  of  cash,  it  is  not,  as  has  been  said, 
necessary  to  suppose  that  his  motives  were  altogether  personal. 
His  voluminous  correspondence  with  the  Secretary  of  State  con 
cerning  the  seizure  of  French  cruisers  and  prizes  shows  that  he 
had  the  interests  of  his  country  at  heart,  and  undoubtedly  France 
was  at  a  great  disadvantage  by  reason  of  the  inadequate  resources 
at  his  command. 

It  is  not  impossible  that  No.  10  was  purposely  put  in  a  form 
which  might  react  on  Randolph.  "  Consult  Monroe,"  is  his 
advice  to  his  employers.  Monroe  and  Randolph  had  exchanged 
unpleasant  letters.  Monroe  also  had  complained  of  being  de 
ceived.  We  have  seen  that,  in  a  moment  of  humiliation,  and  fear 
of  Genet's  fate,  of  which  Rarfdolph  was  compelled  to  remind  him, 
Fauchet  had  written  No.  10,  and  said  "  Consult  Monroe  !  " — the 


A    VICARIOUS  SACRIFICE.  32$ 

• 

equally  reproved  and  probably  angry  Monroe.  It  must  also  be 
admitted  that  Randolph,  himself  deceived  as  to  predetermined 
purposes  of  the  negotiations  in  London,  unaware  of  the  extent 
to  which  his  colleagues  were  influencing  them,  unwittingly  misled 
Monroe  and  Fauchet.  But  so  far  as  Fauchet  discovers  animus 
against  Randolph  it  is  to  injure  him  with  French  sympathizers. 
He  intimates  that  Randolph  defended  unconstitutional  pre 
tensions  of  the  Executive  ;  that  he  wished  to  throw  on  him 
(Fauchet)  the  burden  and  expense  of  defeating  Hammond's 
schemes.  He  praises  Monroe,  Madison,  Jefferson,  Washington; 
he  has  n't  a  good  word  for  Randolph  ;  yet  Randolph  alone  is 
accused  of  intrigue  with  him.  Had  his  cabinet  colleagues  under 
stood  the  despatch,  and  not  wanted  Randolph's  place,  they  had 
here  surprised  testimony  that  he  was  less  French  than  they  sup 
posed.  Yet  with  this  same  testimony  he  was  slain.  His  vicari 
ous  sacrifice  for  those  really  impugned,  by  Fauchet's  praise,  was 
unctuously  accepted. 

One  thing  is  certain  from  all  Fauchet's  despatches :  no 
faintest  notion  ever  entered  his  mind  that  Randolph  had  hinted 
about  money  for  his  own  benefit. 


CHAPTER   XXXII. 

MR.  WOLCOTT. 

ON  the  15  August  1789  Oliver  Wolcott,  Jr.,  of  Connecticut, 
aged  twenty-nine,  sought  a  place  in  the  Treasury,  and  was  ap 
pointed  Auditor.  He  became  a  favorite  of  Hamilton,  and  suc 
ceeded  him  as  Secretary  of  the  Treasury,  31  January  1795. 
Washington  knew  him  but  little,  and,  in  his  diary,  the  name  is 
written  "  Walcot."  Although  Mr.  Wolcott  had  disliked  Ham 
mond,  as  it  now  appears,1  the  British  minister  selected  him  as  his 
ally  in  what  Madison  described  as  "  the  plan  of  running  down 
Randolph,"  and  what  my  reader  now  knows  to  have  been  a 
scheme  devised  in  Downing  Street. 

Mr.  Wolcott's  correspondence  reveals  antipathy  to  Virginia 
and  its  statesmen.  Even  Washington  was  hardly  exempt.3  As 
for  Jefferson,  Mr.  Wolcott's  pen  foams  when  writing  his  name. 
"  I  will  say,"  he  writes  to  his  father,  "  that  if  French  agency 
places  Mr.  Jefferson  in  the  seat  of  the  Chief  Magistrate  (and  if  he 
is  placed  there  it  will  be  by  their  intrigues),  that  the  government 
of  the  United  States  ought  at  that  moment  to  discontinue  its 
operations,  and  let  those  who  have  placed  him  there  take  him  to 
themselves  ;  for  although  I  am  sensible,  by  our  last  revolution, 
of  the  evils  which  attend  one,  I  sincerely  declare  that  I  wish  the 
Northern  States  would  separate  from  the  Southern  the  moment 
that  event  shall  take  effect,  and  never  reunite  with  them  except 

"  The  British  minister,"  he  says  to  his  father,  "is  a  weak,  vain,  and  imprudent 
character."     Gibbs,  "  Administrations  of  Washington  and  Adams,"  I.,  133. 
a  See  letter  to  Hamilton,  30  July  1795.    Gibbs,  I.,  p.  219. 

326 


RANDOLPH  SHIELDS  HAMILTON  AND   WOLCOTT.  $2? 

it  shall  be  necessary  for  military  operations."  *  To  Mr.  Wolcott's 
antipathy  to  himself  Randolph  alludes  in  several  letters. 

When  Hammond  confided  the  intercepted  despatch  to  Mr. 
Wolcott,  it  was  at  once  revealed  confidentially  to  the  two  col 
leagues  hostile  to  Randolph.  It  was  withheld  from  Washington 
for  sixteen  days,  then  revealed  at  an  instant  when  final  action  on 
the  treaty  was  urgent.  Hammond  must  be  answered  at  once, 
having  to  sail  from  New  York  August  17.  If  ratification  is  re 
fused  he  (Hammond)  has  only  to  publish  the  Fauchet  letter  as 
representing  the  administration's  intrigues  and  policy.  (This 
would  not  be  displeasing  to  Hammond,  who  disliked  Washing 
ton.)  Randolph  is  held  by  his  affection  for  the  President,  to 
execute  sentence  on  his  policy,  in  ignorance  that  himself  is  in 
volved.  Fauchet  had  started  for  France.  Hammond  sails  in  a 
few  days.  When  these  two  witnesses,  alone  cognizant  of  all  the 
facts,  are  beyond  summons,  namely  on  August  19,  Randolph  is 
shown  the  letter.  The  tongues  of  the  Secretary's  wounds  speak 
in  these  dates. 

A  contrast  may  be  noted  in  the  course  of  Edmund  Randolph 
when,  two  years  before,  an  accusation  against  Hamilton,  in 
volving  Wolcott,  was  privately  communicated  to  him  (Randolph). 
Instead  of  revealing  it  to  Jefferson,  who,  with  himself,  was  in 
combat  with  Hamilton,  Randolph  wrote  confidentially  to  the 
President  (2  August  1793):  "The  inclosed  letter  from  A.  G. 
Frauncis  contains  insinuations  which  are  undoubtedly  without 
grounds,  as  I  verily  believe.  Still  they  are  of  such  a  nature  as  to 
render  it  too  delicate  to  pass  without  notice.  On  the  other  hand 
the  gentleman  who  is  spoken  of  has  a  title  to  know  a  charge  like 
that  expressed  in  the  letter.  Permit  me  therefore  to  suggest  that 
the  papers  be  put  informally  into  his  hands  with  an  instruction 
to  inform  you  how  the  truth  is,  and  what  kind  of  an  answer 
would  be  proper,  if  any,  to  be  returned,  and  from  whom.  I  shall 

1  Gibbs,  I.,  p.  409. 


328  EDMUND  RANDOLPH. 

wait  on  your  commands,  if  any  difficulty  remains  with  you  after 
his  explanation." 

Mr.  Wolcott  did  not  venture  to  disclose  the  Fauchet  discov 
ery  to  Hamilton,  who  might  have  remembered  this.  "  I  shall 
take  immediate  measures  with  two  of  my  colleagues  this  very 
day,"  he  writes  that  gentleman  (30  July  1795).  "  They  are  firm 
and  honest  men.  We  will  if  possible,  to  use  a  French  phrase, 
"  save  our  country."  "  Feel  no  concern,  however,  for  I  see  a  clue 
which  will  conduct  us  through  every  labyrinth  except  that  of 
war."1 

So  jubilant  was  Mr.  Wolcott  that  war  with  France  seemed 
trivial.  Why  is  the  phrase,  "  save  our  country "  particularly 
French  ?  The  words  sound  like  a  mocking  echo  of  a  sentence 
ascribed  to  Randolph  in  Fauchet's  No.  6, — that  four  men  could 
"  save  our  unhappy  country."  Could  Wolcott  have  seen  that 
despatch  also  ?  The  small  coincidence  would,  of  course,  be  of  no 
importance  in  the  face  of  Mr.  Wolcott's  disclaimers  to  Randolph 
of  having  seen  that  despatch,  were  it  not  necessary  to  check  these 
by  his  own  posthumous  admissions.  Concerning  the  two  des 
patches  referred  in  No.  10,  and  seriously  modifying  its  sense  in 
Randolph's  favor,  Mr.  Wolcott  wrote  to  Randolph  (2  Oct.,  1795)  : 
"  I  have  never  seen  or  been  possessed  of  Mr.  Fauchet's  letters, 
numbered  3  or  6,  or  either  of  them,  in  or  out  of  cypher,  and  I 
have  no  knowledge  whether  they  or  either  of  them,  have  been 
seen  by  Lord  Grenville  or  Mr.  Hammond."  He  assures  Randolph 
"  nothing  has  been  at  any  time  concealed  by  me  to  your  preju 
dice."  Some  days  later — "  I  mean  not  to  incur  the  imputation 
of  wanting  candor  by  forbearing  a  reply  to  your  inquiry.  When 
the  existence  of  the  intercepted  letter  was  first  mentioned  to  me 
by  Mr.  Hammond,  etc."  Randolph  had  ascertained  (from  Adet, 
no  doubt)  that  No.  6  had  accompanied  No.  10,  but  might  charita 
bly  conclude  that  Hammond  withheld  it  from  Mr.  Wolcott.  But 

1  Gibbs,  I.,  p.  220. 


MR.   WOLCOTT'S  CURIOUS  CANDOR.  329 

Mr.  Wolcott's  candor  must  now  be  discounted  by  his  posthu 
mous  "  Notes,"  '  mentioning  that  Hammond  said  he  had 
"certain  letters  from  M.  Fauchet  to  the  French  government." 
"  The  history  of  these  letters  as  related  by  Mr.  Hammond  was, 
etc."  These  private  entries  qualify  the  words  to  Randolph,  in 
which  Hammond  is  said  to  have  mentioned  "  the  intercepted  let 
ter."  The  existence  of  other  despatches  at  the  British  Embassy 
was  "  concealed,"  notwithstanding  professions  of  candor.  That  he 
should  make  no  inquiry  of  Hammond  concerning  the  other 
despatches  were  so  little  worthy  of  Mr.  Wolcott's  diplomacy  in 
the  whole  affair,  that  his  statement  to  that  effect  may  be  also  a  ruse 
de  guerre.  On  the  other  hand,  if  Mr.  Wolcott  inquired  nothing 
concerning  the  other  despatches  mentioned  to  him,  that  fact  would 
equally  show  to  what  extent  the  interests  of  truth  were  consid 
ered  in  his  interview  with  the  British  Minister. 

The  same  kind  of  "  candor  "  appears  to  have  been  observed 
towards  Washington,  who  was  anxious  about  those  other  de 
spatches.  According  to  Mr.  Wolcott's  "  confessions  "  the  Presi 
dent  at  once  propounded  to  him  the  question :  "  Would  an  ap 
plication  to  Mr.  A  [det]  to  see  the  paragraphs  in  Nos.  3  and  6, 
alluded  to  in  Fauchet 's  letter,  be  proper  ?  These  might  condemn 
or  acquit  unequivocally.  And  if  innocent,  whether  R.  will  not 
apply  for  them  if  I  do  not  ? "  "  After  mature  consideration," 
writes  Mr.  Wolcott,  "  it  was  considered  to  be  improper  to  make 
any  application  to  Mr.  Adet ;  that  it  was  improbable  that 
Mr.  Adet  would  permit  his  records  to  be  inspected,  etc." 
Here,  then,  a  gentleman  deficient  in  Mr.  Wolcott's  curious 
"candor"  might  have  answered:  "But,  Mr.  President,  Mr. 

1  Gibbs,  I.,  p.  232.  The  English  Foreign  Office  records,  given  elsewhere,  also 
show  that  several  despatches  were  intercepted,  but  they  cannot  be  discovered  there. 
A  vain  search  was  made  at  Mr.  Buchanan's  request,  while  he  was  Minister  to  Eng 
land,  in  the  State  Archives,  and  also  among  Hammond's  papers  (see  Chap.  XXVI). 
A  similar  search  recently  made  for  this  work  has  proved  unavailing.  Whether  they 
have  been  sought  in  the  Wolcott  MSS.  I  know  not. 


330  EDMUND  RANDOLPH. 

Hammond  informed  me  that  he  had  other  intercepted  letters 
of  Fauchet :  perhaps  Nos.  3  and  6  are  among  them.  Should  he 
object  to  show  them  it  would  prove  the  despatches  favorable  to 
Randolph."  No  such  suggestion  appears  in  the  minute  reports 
left  by  the  two  Secretaries.  So  Washington  wrote  to  Randolph 
disclaiming  any  "  knowledge  of  papers  which  have  an  affinity  to 
the  subject  in  question." 

In  1806,  replying  to  a  question  from  Judge  Marshall  as  to  how 
far  Washington's  ratification  of  the  treaty  was  affected  by  the 
Fauchet  despatch,  Mr.  Wolcott  says :  "  A  letter  from  the  Presi 
dent  to  Randolph,  dated  July  22,  may  be  understood  to  convey 
an  idea  that  the  treaty  would  not  be  ratified  while  the  provision 
order  was  supposed  to  be  in  existence  ;  but  this  is  not  the  neces 
sary,  nor  perhaps  the  most  natural  interpretation  of  that  letter.  The 
President  knew  that  this  would  be  Mr.  Randolph's  advice,  and 
he  might  not  think  it  proper  to  countroul  that  opinion  at  that 
time." '  But  what  Mr.  Wolcott  thought  at  the  time  appears  in  a 
letter  to  Hamilton  30  July,  1795,  in  which  he  says:  "  The  rati 
fication  of  the  President  has  moreover  been  connected  with 
the  repeal  of  some  unknown  order  .  .  .  what  must  the  British 
government  think  of  the  United  States  when  they  find  the  treaty 
clogged  with  one  condition  by  the  Senate,  with  another  by  the 
President"  etc. 

Apart  from  the  witness  borne  by  these  private  words  against 
Mr.  Wolcott's  later  language  to  Washington's  biographer,  one 
may  remark  a  willingness  on  his  part  to  concede  to  England 
even  that  article  which  the  Senate  refused  and  Lord  Grenville 
himself  surrendered.  From  the  day  when  Messrs.  Wolcott  and 
Hammond  arranged  the  doom  of  Randolph  they  became  friends. 
Indignation  at  alleged  disclosures  to  Fauchet  did  not  prevent 
Mr.  Wolcott,  though  not  of  the  State  Department,  from  keeping 
the  British  Minister  informed  as  to  Cabinet  and  senatorial  pro- 

1  Gibbs,  I.,  p.  246. 


HAMILTON  MISINFORMED.  331 

ceedings.  This  fully  appears  in  the  English  records  now  for  the 
first  time  printed.  It  will  be  seen  that  Mr.  Wolcott  was  pre 
pared,  in  case  any  reflections  were  cast  on  His  Majesty's  minis 
ters  in  this  transaction,  to  "  disclose  to  the  world  every  fact  of 
which  the  government  was  in  possession." 

Mr.  Wolcott  privately  kept  several  correspondents  informed 
of  whatever  came  to  pass.  Also  of  some  things  which  did  not 
come  to  pass.  In  a  letter  to  Hamilton,  16  Nov.  1795,  enclosing 
the  Fauchet  letter,  he  says  that  Randolph  denied  ''having  made 
any  proposition  relative  to  money,  except  on  one  occasion,  which 
was  this.  He  said  that  in  the  summer  of  1794  Fauchet  told  him 
there  was  a  meeting  of  persons  in  New  York,  consisting  among 
others  of  Mr.  Hammond  and  Mr.  Jaudenes,  conspiring  to  destroy 
him  (R.)  and  Gov.  Clinton.  .  .  .  Randolph  said  that  he  then  in 
quired  whether  proof  could  be  got  of  this  conspiracy,  and  that 
after  some  conversation  he  suggested  that  as  he  (F.)  had  the 
resources  of  the  French  government  at  command,  he  could 
obtain  the  proof."  1 

This  enclosure  and  communication  was  made  over  a  month 
before  the  publication  by  Randolph,  concerning  which  Washing 
ton  had  promised,  Aug.  20 :  "  While  you  are  in  pursuit  of  means 
to  remove  the  strong  suspicions  arising  from  his  letter,  no  dis 
closure  of  its  contents  will  be  made  by  me  ;  and  I  will  enjoin  the 
same  on  the  public  officers  who  are  acquainted  with  the  purport 
of  it."  Apart  however,  from  the  consistency  of  this  and  other 
communications  of  the  enjoined  information  in  one  arraigning  a 
supposed  betrayer  of  secrets,  one  may  remark  an  effective  trav 
esty  of  what  Randolph  really  said.  He  had  no  recollection  of 
mentioning  money  at  all,  while  admitting  that  he  might  have 
suggested  to  Fauchet  obtaining  proof  through  his  flour-mer 
chants,  even  if  he  had  to  advance  payments  to  them  on  the  score 
of  flour-contracts.  But  "  resources  of  the  French  government " 

1  Gibbs,  I.,  265. 


332  EDMUND  RANDOLPH. 

has  a  more  imposing  expressiveness.  A  story  which,  starting  in 
Philadelphia  as  an  advance  to  a  flour  merchant,  becomes  in  New 
York  drawing  on  the  resources  of  the  French  government,  has  a 
chance  of  being,  as  John  Quincy  Adams  described  this  one, 
"  loaded  with  great  exaggerations." 

Again,  writing  to  his  father,  19  Nov.  1795,  Mr.  Wolcott  says: 
"It  is  said  [in  the  intercepted  despatch]  that  in  1793  and  1794  the 
attacks  upon  the  general  government  had  become  so  serious  that 
its  friends  became  alarmed,  and  that  the  Government,  foreseeing  a 
general  storm,  hastened  the  local  insurrection  to  create  a  division 
[?  diversion],  and  that  this  was  ascertained  by  the  confession  of 
Mr.  Randolph  to  M.  Fauchet." '  But  Fauchet  says  this  is  his 
own  "  conjecture  "  ;  asks  if  it  is  not  warranted  by  a  remark  of 
Randolph's ;  then  immediately  admits  its  doubtfulness.  Gov. 
Wolcott,  Sr.,  was  a  man  of  wider  influence  than  his  son,  and 
this  perversion  of  the  despatch  could  hardly  fail  to  tell  seriously 
against  Randolph  in  New  England. 

Mr.  George  Gibbs,  who  announces  himself  as  "  the  avenger 
of  a  bygone  party  and  a  buried  race,"  indignantly  repels  Jeffer 
son's  "  hearsay  slander  "  that  Mr.  Wolcott  was  "  cunning."  Cer 
tainly  that  is  the  last  quality  that  can  be  ascribed  to  Mr.  Gibbs 
himself.  Nothing  can  exceed  the  candor  of  his  revelations. 
Of  this  one  more  example  must  suffice.  In  "Dec.  1795"  Mr. 
Wolcott  in  a  note  marked  "  private,"  to  William  Ellery,  of  New 
port,  says :  "  It  has  been  stated  to  me  in  a  manner  which  admits 
of  but  little  doubt,  that  Mr.  Randolph  was  in  fact  closeted  with 
M.  Fauchet  for  the  greatest  part,  or  whole  of  one  night.  If  this 
be  true,  you  will  much  oblige  me  by  obtaining  an  affidavit  of  the 
fact  from  some  creditable  person."  On  11  Jan.  1796,  Mr.  Ellery 
returns  an  answer  confirming  Randolph's  own  account  of  his 
visit  to  Newport,  adding  a  scarcely  welcome  but  pregnant  story : 

"  The  same  gentleman  told  me  that  he  was  credibly  informed,  that 
'Gibbs,  I.,  266. 


SUPPRESSIO  VERI.  333 

at  a  house  where  M.  Fauchet  was  invited  to  dine,  prior  to  Randolph's 
coming  here,  that  he  said  in  the  course  of  conversation,  that  Mr.  Ran 
dolph  was  a  d d  rascal.  Desirous  to  find  out  on  what  subject  the 

conversation  was  employed,  in  which  such  a  violent,  contemptuous 
expression  was  introduced,  I  requested  a  friend  of  mine  and  acquaint 
ance  of  the  person  with  whom  Fauchet  dined,  to  make  the  inquiry. 
M.  Fauchet  regretted  very  much,  that  on  his  return  to  France  he  must 
advise  his  constituents  that  he  had  been  deceived — that  he  has  found 
none  but  men  of  no  information,  of  small  fortunes  and  influence,  were 
on  the  side  of  France  ;  that  the  men  of  influence,  and  those  near  the 
President  were  honest,  and  especially  Mr.  Hamilton,  that  he  was  candid 
and  undisguised,  and  for  strictly  supporting  our  neutrality  ;  but  that 
Randolph  was  a  deceiver,  and  had  already  deceived  him." 

This  unsophisticated  report  of  his  spy  remained  buried  in  Mr. 
Wolcott's  desk.  It  suggests  that  if  Fauchet  had  been  in  collu 
sion  with  any  one  it  was  not  Randolph,  but  others  "  near  the 
President."  Fauchet,  in  that  part  of  No.  3  never  shown 
Randolph,  admits  the  intimacy  of  his  coadjutor,  Consul-General 
La  Forest,  with  the  Secretaries  of  the  Treasury  (Hamilton) 
and  of  War  (Knox) ;  and  the  intimacy  of  Consul  P£try  with 
Izard  and  Smith.  By  Randolph's  last  despatch  to  Monroe 
(Chap.  XXIV.)  it  will  be  seen  that  he  was  no  stranger  to  the 
efforts  of  Fauchet  to  get  information  from  members  of  the  Exe 
cutive.  "  I  was  not  one,"  says  Randolph.  Ellery  confirms  this, 
and  would  rather  show  that  it  was  Hamilton  whom  Fauchet  found 
"candid  and  undisguised."  Consequently  Ellery's  evidence  slept 
in  Mr.  Wolcott's  pocket,  to  be  read  in  our  own  time  by  light 
of  Fauchet's  exhumed  despatches. 

It  need  not  be  wondered  that  Mr.  Wolcott,  near  the  close  of 
his  Cabinet  career,  withdrew  his  dismissed  friend  Pickering's 
papers  from  the  State  Department ;  or  that  his  anxiety  about  his 
own  papers,  when  a  fire  occurred  in  the  Treasury,  led  to  a  suspi 
cion  of  complicity  in  this  fire,  and  of  willingness  to  have  docu 
ments  destroyed.  The  colorless  report  of  an  investigation  left 
Mr.  Wolcott  under  a  cloud,  from  which  he  was  lifted  by  President 


334  EDMUND  RANDOLPH. 

Adams, — against  whom  he  had  conspired,  while  in  his  Cabinet, 
and  whose  secrets  he  had  betrayed.  From  the  Bench  to  which 
by  the  unsuspicious  Adams  he  was  raised,  but  which  Jefferson 
soon  swept  from  beneath  him,  Mr.  Wolcott  saw  Randolph 
branded  as  a  betrayer  of  Cabinet  secrets.  The  Newport  disproof 
was  in  his  desk,  and  he  was  silent.  When  his  party  was  sub 
merged,  Mr.  Wolcott  floated  on  a  democratic  wave  into  the  guber 
natorial  chair  of  Connecticut.  This  self-constant  man  was  silent 
about  his  own  secrets,  however  he  may  have  dealt  with  those  of 
others.  But  they  have  been  brought  to  light  by  his  son-in-law, 
who  describes  himself  as  "  in  some  sort  an  avenger."  Whose? 


CHAPTER  XXXIII. 

COL.   PICKERING. 

TIMOTHY  PICKERING,  in  his  twenty-fourth  year  (1769),  wrote 
a  composition  describing  the  French  as  "  those  eternal  disturb 
ers  of  our  peace."  On  the  other  hand,  he  was  so  favorable  to 
Great  Britain  that  his  failure  to  march  his  Salem  soldiers  in  time 
to  intercept  the  British  retreat  from  Lexington  was  attributed  to 
friendship  for  the  foe.  His  revolutionary  record  is  mainly  that 
of  a  shrewd  quartermaster.  The  fortunes  of  war  having  brought 
him  to  the  capital  of  Virginia,  he  formed  a  theory  of  Virginians 
from  their  old  motto :  En  dat  Virginia  quartam,  "  that  is,"  he 
translates,  "  Virginia  gives  a  fourth  quarter  to  the  whole  world." 
Col.  Pickering  appears  to  have  adhered  through  life  to  his  early 
views  of  the  French  and  English  and  Virginians.  But  if  his 
translation  of  Fauchet's  despatch  was  as  much  influenced  by 
those  views  as  his  Latin1  by  his  theory  of  Virginians,  that  must 
have  been  a  dangerous  document,  for  Randolph,  laid  before  the 
President.  "  Wolcott  brought  it  [Fauchet's  No.  10]  to  me," 
writes  Col.  Pickering.  "  He  did  not  understand  French,  nor  did 
I.  He  said  it  was  a  very  important  letter,  and  of  a  nature  not 
to  be  put  into  the  hands  of  the  common  translator  "  [Mr.  Tay 
lor,  who  was  in  Randolph's  department].  "  Upon  this  I  told  him 
that  when  young  I  had  learned  a  little  French  ;  and  I  would  en 
deavor  to  understand  the  letter.  By  the  aid  of  a  dictionary  and 

1  After  the  union  of  Scotland  and  England  (1706-7)  the  motto  of  the  old  Virginia 
Company's  seal  had  quartam  substituted  for  quintum,  that  colony  becoming  the 
fourth  country  under  the  crown, — England,  Ireland,  and  Wales,  the  others. 

335 


336  EDMUND  RANDOLPH. 

a  grammar  I  went  through  with  it,  long  as  it  was,  before  I  went 
to  bed."  In  a  letter  to  Hamilton  14  Dec.  1795,  Col.  Pickering 
says  : 

"  The  printer  of  Mr.  Randolph's  Vindication  advertises  that  it  will 
be  published  next  Friday.  The  translation  of  Fauchet's  letter  will  be 
in  it.  This  translation  was  made  by  Mr.  Taylor  at  Randolph's  request, 
but  Mr.  Taylor,  who  desired  the  use  of  mine,  told  me  that  he  had  made 
but  few  variations.  Now  if  I  have  mistaken  the  sense  in  any  material 
passages,  it  is  highly  probable  that  they  will  be  transferred  to  Mr.  Tay 
lor's  translation,  or  Mr.  Taylor  may  mistake  the  meaning  of  some  pas 
sages,  to  which  he  will  always  be  liable  from  the  want  of  a  comprehen 
sive  view  of  his  subject.  I  have  met  with  such  instances  in  his  other 
translations,  altho'  he  is  more  familiar  with  the  French  than  I  am.  Now 
it  seems  to  me  important  that  the  first  translation  of  Fauchet's  letter 
that  shall  be  published,  should  convey  its  true  meaning,  and  therefore 
I  wish  earnestly  that  yours,  or  the  one  you  are  correcting,  may  be  re 
turned  by  to-morrow's  post  (if  not  already  on  its  way),  that  it  may  be 
printed  in  Fenno's  paper  before  the  Vindication  appears."1 

The  Pickering-Upham  "  Life  of  Pickering  "  quotes  from  the 
translation  in  Randolph's  "  Vindication,"  apparently  under  the 
impression  that  it  is  Pickering's.  Mr.  Gibbs  uses  the  same  in  a 
more  suspicious  way.  On  the  19  Nov.  1795,  before  any  transla 
tion  had  appeared,  Mr.  Wolcott  wrote  to  his  father  an  analysis 
(see  Chapter  XXII.),  in  which  the  sense  of  the  despatch  is 
cruelly  perverted.  At  one  part  of  the  letter  he  gave  extracts 
from  the  despatch,  which  Mr.  Gibbs  has  supplanted  with  the 
words  :  "  (Here  follow  the  Extracts  from  No.  10  already  cited.)"2 

1  The  translation  among  the  Pickering  MSS.,  to  which  the  Massachusetts  Histor 
ical  Society  has  given  me  access  consists  of  29  quarto  pages.  The  paragraphs  of  the 
French  original  and  those  of  the  translation  in  Pickering's  handwriting  correspond, 
but  in  neither  case  are  they  numbered.  On  every  page  of  the  translation  are  to  be 
found  alterations,  more  or  less  numerous,  written  between  the  lines,  leaving  the  lines 
unerased,  but  underlined.  The  words  between  the  lines  were  first  written  in  pencil 
and  afterwards  traced  over  in  ink  of  a  darker  hue  than  that  used  for  the  rest  of  the 
MS. ;  so  that  the  handwriting  cannot  be  certainly  identified.  A  fair  copy,  in  vol.  3 
of  the  Pickering  MSS.,  follows  the  Pickering  translation  without  regard  to  the 
alterations.  This  copy  consists  of  20  folio  pages  and  contains  foot-notes  of  French 
words  and  phrases.  8  Gibbs,  I. ,  p.  266. 


PICKERING' ' S  MISTRANSLA  TIONS. 


337 


On  referring  to  the  cited  extracts  we  find  paragraphs  16  and  17 
thus  credited  :  "  The  foregoing  extracts  are  taken  from  Mr.  Pick 
ering's  translation."  But  a  comparison  shows  that  they  are  not 
from  Pickering  at  all,  but  verbatim  from  Randolph's  "  Vindica 
tion."  If  the  extracts  sent  by  Mr.  Wolcott  to  his  father  were  no 
truer  to  the  original  than  the  same  letter's  representation  of  other 
parts,  it  is  not  surprising  that  they  were  suppressed.  As  Mr. 
Wolcott's  misrepresentations,  unless  invented,  must  have  followed 
the  translation  laid  before  the  President,  Col.  Pickering's  anxiety 
that  a  corrected  edition  of  his  version  should  precede  Randolph's 
publication  was  natural. 

It  cannot  now  be  ascertained  whether  the  translation  in 
Pickering's  writing  is  that  which  was  laid  before  Washington,  or 
a  subsequent  improvement.  Some  of  the  inaccuracies  are  such 
as  would  make  an  unpleasant  impression.  Thus  where  Fauchet 
says  Jefferson  "  prudently  retired  to  avoid  making  a  figure  against 
his  inclination  in  scenes,  the  secret  of  which  will  soon  or  late  be 
brought  to  light,"  Pickering  translates  "  he  prudently  retired, 
being  forced  to  figure,"  etc.  Fauchet  may  contemplate  coming 
scenes  ;  Pickering's  mistranslation  suggests  that  Cabinet  scenes 
had  driven  Jefferson  from  the  Cabinet.  There  was  truth  enough 
in  this  to  make  the  President  wince,  and  to  suggest  that  the 
scenes  must  have  been  among  Randolph's  "  confessions."  Al 
though  Pickering's  inaccuracies  seem  not  generally  harmful,  in  one 
vital  paragraph  the  sense  of  the  original  has  been  rendered  in  a 
way  damaging  to  Randolph.  Fauchet  (No.  10,  par.  19)  writes  : 

"  Three  weeks  had  they  encamped  in  the  west  without  a  single 
armed  man  appearing.  However,  the  President,  or  those  who  wished 
to  make  the  most  of  this  manoeuvre,  made  it  public  that  he  was  going 
to  command  in  person.  The  session  of  Congress  being  very  near,  it 
was  wished  to  try  whether  there  could  not  be  obtained  from  the 
presses,  which  were  supposed  to  have  changed,  a  silence,  whence  to 
conclude  the  possibility  of  infringing  the  constitution  in  its  most  essen- 

1  Gibbs,  I.,  237,  238. 


EDMUND  RANDOLPH. 

tial  part  ;  in  that  which  fixes  the  relation  of  the  President  with  the 
legislature.  But  the  patriotic  papers  laid  hold  of  this  artful  attempt  : 
I  am  certain  that  the  office  of  Secretary  of  State,  which  alone  remained 
at  Philadelphia  (for  while  the  minister  of  finance  was  with  the  army^ 
the  minister  of  war  was  on  a  tour  to  the  Province  of  Maine,  400  miles 
from  Philadelphia),  maintained  the  controversy  in  favor  of  the  opinion 
which  it  was  desired  to  establish.  A  comparison  between  the  Presi 
dent  and  the  English  monarch  was  introduced,  who  far  from  Westmin 
ster,  yet  strictly  fulfils  his  duty  of  sanctioning  ;  it  was  much  insisted 
on  that  the  constitution  declares  that  the  President  commands  the 
armed  force  :  this  similitude  was  treated  with  contempt  ;  the  conse 
quence  of  the  power  of  commanding  in  person,  drawn  from  the  right 
to  command  in  chief  (or  direct)  the  force  of  the  state,  was  ridiculed 
and  reduced  to  an  absurdity,  by  supposing  a  fleet  at  sea  and  an  army 
on  land.  The  result  of  this  controversy  was,  that  some  days  after  it 
was  announced  that  the  President  would  come  to  open  the  approaching 
session." 

There  is  at  first  glance  an  ambiguity  here.  Which  side  in  the 
controversy  did  the  "office  of  Secretary  of  State"  maintain? 
Apparently,  according  to  Fauchet,  (here  discrediting  Randolph  to 
his  own  party),  that  of  the  government ;  for  that  was  the  only  one 
which  "  it  was  desired  to  establish."  The  other  side  were  not 
establishing  any  theory,  but  "  laying  hold  "  of  one.  "  The  patri 
otic  papers  laid  hold  of  this  artful  attempt."  The  Pickering  trans 
lation  turns  the  ambiguity  against  Randolph.  "  But,"  translates 
Pickering,  "  the  patriotic  papers  took  up  this  artful  attempt.  I 
have  the  certainty  that  the  office  of  Secretary  of  State,  which 
remained  alone  at  Philadelphia,  .  .  .  maintained  the  contro 
versy  in  favor  of  the  opinion  they  wished  to  establish.  They 
talked  of  the  comparison  between  the  President  and  the  English 
monarch,"  etc.  In  both  instances  the  word  "  they  "  refers  us  to 
the  "  patriotic  papers."  Instead  of  the  right  translation  of  the 
last  sentence,  "  A  comparison  was  introduced  between  the  Presi 
dent  and  the  English  monarch,"  the  alleged  argument,  of  the 
State  Department,  Pickering  has  :  "  They  [apparently  the  oppo 
sition  papers]  talked  of  the  comparison,  etc." 


THE  PRESIDENT  DECEIVED. 


339 


Randolph,  however,  declared  that  with  his  "  privity  or  belief 
not  a  single  publication  was  made  from  the  Department  of  State 
respecting  the  President's  absence  from  Congress."  We  may  feel 
tolerably  certain  that  he  would  have  maintained  silence,  through 
dread  of  the  expedition  being  under  other  control,  on  the  one 
hand,  and  of  a  bad  precedent  on  the  other. 

It  seems  astounding  that  three  men,  of  whom  neither  knew 
French,  should  have  set  themselves  to  determine  the  testimony 
of  a  French  document  concerning  a  colleague  familiar  with 
French,  excluding  the  one  most  needed  in  the  council,  if  only  to 
check  ignorant  inferences.  These  errors  he  could  only  have  met 
as  they  arose.  They  were  placed  forever  beyond  his  reach.  They 
are  revealed  only  to  a  later  generation.  How  grievous  were  those 
errors  has  been  already  shown  by  Mr.  Wolcott's  monstrous 
analysis,  sent  his  father,  of  a  despatch  notable  for  intricacy  and 
indirection.1 

From  Mr.  Wolcott's  posthumous  narrative  we  learn  that  when 
he  and  Colonel  Pickering  and  Mr.  Bradford  first  met  the  President 
in  consultation  on  his  return  from  Virginia,  he  (the  President) 
"  was  greatly  dissatisfied  that  the  instructions  and  memorial  [to 
England]  had  not  been  prepared  and  submitted  to  the  considera 
tion  of  the  Secretaries  and  Attorney  General  that  their  reports 
might  be  formed,  and  he  peremptorily  resolved  that  whether  Mr. 
Randolph  was  innocent  or  culpable,  he  would  require  of  him  the 
performance  of  this  service,  which  was  his  official  duty,  and  which 
ought  to  have  been  long  before  completed."  But  from  Colonel 
Pickering's  posthumous  revelations  we  learn  that  Randolph  had 
prepared  the  memorial. 

1  Other  mistranslations  in  Col.  Pickering's  MS.  are  passed  over  because  they  do 
not  appear  material,  e.  g.  :  "  In  the  meantime,  even  when  they  [the  government] 
were  certain  of  having  an  army,  it  was  yet  necessary  to  assure  themselves  of  co5p- 
erators  among  the  men  whose  reputation  was  unable  to  influence  their  party."  This 
reverses  the  meaning  of  pouvait  influencer  leur parti.  It  can  never  be  known,  how 
ever,  what  colorings  were  given,  in  the  consultation  with  Washington,  to  some  of 
these  seemingly  harmless  mistakes. 


340  EDMUND  RANDOLPH. 

"  Randolph  brought  it  to  me,  and  desired,  when  examined,  that 
I  would  hand  it  to  Mr  Wolcott,  Secretary  of  the  Treasury.  I  read  the 
paper,  and  reprobated  it.  While  it  remained  with  me,  Randolph  called 
upon  me  at  my  office,  and  asked  my  opinion  of  it.  I  rose  from  my  seat 
(I  think  with  the  paper  in  my  hand),  and,  raising  my  right  hand  in  the 
air,  said  with  some  animation  :  *  Why,  this  is  throwing  all  up  in  the 
wind,'  expressing  my  strong  disapprobation  of  Randolph's  views  and 
reasons  for  further  postponing  the  ratification  of  the  treaty.  Shortly 
after  this  interview  (I  suppose  in  two  or  three  days  ;  for  I  heard  no 
more  of  the  memoir)  Mr.  Wolcott  called  on  me  one  evening,  and  gave 
me  information  of  Fauchet,  the  French  Minister's  letter  to  his  govern 
ment,  implicating  some  Americans,  but,  above  all,  Edmund  Randolph, 
Secretary  of  State,  as  corrupt  men,  and  ready  to  sell  themselves  to  the 
French  government."  1 

It  thus  appears  that  when,  in  Randolph's  absence,  the  Presi 
dent  was  "  greatly  dissatisfied  "  that  he  had  not  done  a  certain 
"  official  duty,"  these  gentlemen,  knowing  that  it  had  been  done, 
that  the  delay  was  theirs,  did  not  undeceive  the  President.  This 
suppression  of  the  fact  that  they  had  the  memorial  was  perhaps 
Randolph's  ruin ;  for  it  was  in  order  to  secure  that  further  official 
service,  neglected  as  he  was  left  to  suppose,  that  the  irritated 
President  withheld  from  the  Secretary  knowledge  of  the  letter 
which  he  feared  might  arrest  completion  of  the  ratification  so 
instantly  resolved  on.  Washington  and  Randolph  died  in 
ignorance  of  these  facts. 

On  the  10  September  1795  Colonel  Pickering  addressed  the 
following  "  private  "•  letter  to  John  Q.  Adams,  Minister  at  the 
Hague,  temporarily  transferred  to  London  : 

"  My  temporary  agency  in  the  department  of  State  has  given  me 
the  sight  of  a  letter  of  Mr.  Randolph,  late  Secretary  of  State,  dated  the 
2ist  of  July  which  I  observe  was  circular  to  all  our  foreign  ministers, 
and  cannot  fail  to  have  excited  very  unpleasant  sensations  in  the  mind 

1  Here,  by  the  way,  is  an  error  of  interpretation  into  which  Pickering  (conse 
quently  Washington,  Wolcott  and  Bradford  fell,  through  not  having  before  them 
No.  6.)  Fauchet,  as  we  have  seen,  means  that  Randolph  suggested  the  use  of  money 
to  determine  the  course  of  undecided  men  in  his  (Randolph's)  own  perfectly  decided 
direction. 


PICKERING'S  UNAUTHORIZED  LETTER.  341 

of  every  lover  of  order,  and  of  every  lover  of  his  country.  He  there 
mentions  the  non-ratification  of  the  treaty  of  Great  Britain,  and  his 
opinion  that  the  President  would  not  ratify  it ;  at  least,  not  till  after  it 
should  make  a  voyage  to  Britain  and  return  ;  nor  even  then  if  it  should 
prove  true,  that  his  Britanic  Majesty  had  issued  and  did  not  repeal  an 
order  in  council  for  capturing  the  vessels  of  all  the  neutral  powers 
laden  with  provisions  for  France.  He  mentions  the  town  meeting  at 
Boston,  in  which  the  treaty  was  condemned  ;  that  the  like  measure  had 
taken  place  at  New  York,  was  the  next  day  to  be  repeated  at  Philadel 
phia,  and  would  probably  proceed  southward.  .  .  .  The  complexion  of 
his  whole  letter  shows  that  these  popular  meetings  were  not  displeasing 
to  him  ;  and  combined  with  various  facts,  which  I  cannot  now  detail, 
indicating  studied  delays,  to  give  time  for  extending  the  opposition, 
satisfies  me  that  his  true  object  was  to  defeat  the  treaty  altogether. 
But  however  reprehensible  his  conduct  about  the  treaty  might  be 
deemed, — and  it  brought  the  character  of  the  President  and  the  solid 
interests  of  the  United  States  to  the  brink  of  a  precipice, — it  was  not 
the  cause  of  his  resignation  ;  this  had  other  relations,  which  some  time 
or  other  may  possibly  be  developed.  Suffice  it  now  to  say  that  he  had 
lost,  or  to  speak  more  accurately,  that  he  had  forfeited,  the  Presi 
dent's  confidence." 

Randolph's  letter  of  July  21,  thus  secretly  censured,  was  writ 
ten  with  care  not  to  commit  the  President.  Washington's  own 
summary  of  it  is  given  in  my  Chapter  XXIV.  It  is  followed  in 
Chapter  XXV.  by  correspondence  between  the  President  and  the 
Secretary  of  State  which  enables  the  reader  to  judge  whether 
Randolph  did  not  state  the  case  justly.  Randolph,  at  any  rate, 
showed  the  despatch  to  the  President  on  his  return  from  Mount 
Vernon,  no  observation  being  made  that  he  "  had  exceeded  his 
intention."  So  Randolph  stated  to  the  President,  and  it  was  not 
denied.  Is  it  credible  that  Secretary  Pickering's  above  animad 
version  on  his  predecessor's  filed  despatch  was  known  to  Wash 
ington  ?  It  is  not  in  the  State  Department.  It  first  saw  the 
light  in  Pickering's  biography,  there  described  as  a  "  private " 
letter.  It  also  says  Randolph's  resignation  was  because  he  had 
"  lost,"  or  "  forfeited,"  the  President's  confidence.  But  seven  days 


342  EDMUND  RANDOLPH. 

later,  Sept.  27,  the  President  wrote  Randolph  that  none  could  re 
joice  more  than  himself  if  the  suspicions  were  removed,  and  on 
Oct.  25  says  the  resignation  was  "  voluntarily  and  unexpectedly 
given."  Nor  did  the  President  ever  say  that  he  shared  "the  sus 
picions  "  (his  usual  phrase)  raised  by  Fauchet's  despatch. 

When  Col.  Pickering  was  a  member  of  the  Board  of  War, 
during  the  Revolution,  and  reprimanded  by  Congress  for  a  breach 
of  its  privileges,  the  offence  was  heightened  by  his  having  signed 
himself  "  President."  It  would  appear  to  have  been  written  in  his 
day-dream ;  and,  in  remembrance  of  his  low  estimate  of  the 
President's  intellect, — candidly  published  by  his  biographers, — 
one  can  hardly  wonder  that  he  should  thus  begin  his  secretary 
ship  by  taking  the  executive  office  on  himself. 

John  Quincy  Adams,  in  his  answer,  15  Nov.  1795,  says  : 

"  That  the  Secretary  of  State  should  be  accessory  to  such  a  ma- 
iKEuvre  is  what  I  could  not  have  believed  from  any  opinion  less  respecta 
ble  than  yours,  and  of  which  I  would  still  fain  hope  he  was  innocent," 
and,  "  But  notwithstanding  the  force  of  your  expression  that  he  had 
forfeited  the  confidence  of  the  President,  the  story,  which  is  not  much 
of  a  secret  here,  must  be  loaded  with  great  exaggerations,  if  not  with 
absolute  falsehood." 

Randolph's  "  Vindication  of  Mr.  Randolph's  Resignation," 
appeared  18  December  1795.  No  note  or  comment  on  it  occurs 
in  Washington's  correspondence.  But  Col.  Pickering  has  made 
up  for  this  silence  by  his  account  of  a  picturesque  interview, 
which  is  told  by  his  biographer. 

"  It  reached  his  hand  soon  after  its  issue.  He  read  it  through,  and 
immediately  sent  for  Colonel  Pickering.  Receiving  him  with  his  usual 
composure  of  manner,  and  requesting  him  to  be  seated,  he  spoke  as 
follows,  in  a  slow  and  suppressed  voice,  uttering  each  word  with  delib 
eration,  and  pausing  between  the  sentences  : 

"  '  Colonel  Pickering,  I  feel  that  a  necessity  is  upon  me  to  unburden 
my  mind  to  some  one,  and  you  will  pardon  me  for  the  liberty  I  have 
taken  in  sending  for  you  on  this  occasion.  Peyton  Randolph  was  my 


A   PICTURESQUE  LEGEND. 


343 


dearest  friend.  He  died  suddenly,  in  October  1775.  In  an  hour  of 
affectionate  and  solemn  communion,  in  which  he  had  expressed  an  ex 
pectation  that  before  long  he  would  thus  be  removed,  he  begged  me  to 
be  a  friend  to  his  nephew  and  adopted  son  Edmund.  I  promised  that 
I  would  be  to  him  as  a  father  :  that  promise  has  been  sacredly  kept. 
If,  in  any  instance,  I  have  been  swayed  by  personal  and  private  feel 
ings,  in  the  exercise  of  political  influence  or  of  official  patronage  and 
power,  it  has  been  in  this/ 

"  Thus  far  there  had  been  no  change  in  his  countenance  or  manner, 
except  a  slight  indication  of  increasing  sensibility  when  uttering  the 
last  two  or  three  sentences.  He  proceeded,  with  somewhat  longer 
pauses  and  a  more  compressed  and  restrained  expression  : 

"  '  Upon  taking  command  of  the  army  of  the  United  Colonies,  in  June 
1775,  I  made  him,  then  not  twenty-two  years  of  age,  one  of  my  aids  ; 
as  such  he  was  a  member  of  my  military  family.  My  entire  interest 
was  actively  given  to  place  and  advance  him  in  the  path  of  political 
and  professional  promotion,  for  which  his  talents  and  education  re 
markably  qualified  him.  By  the  aid  of  my  influence  he  rose  from  one 
distinguished  post  to  another  in  rapid  succession  and,  at  an  early  age, 
in  the  civil  service  of  Virginia  ;  a  member  of  the  convention  that 
framed  the  first  constitution  of  that  State,  in  1776  ;  in  the  same  year 
Attorney-General  of  Virginia, — an  office  his  Uncle  Peyton,  as  well  as 
his  father  and  grandfather,  had  held  ;  a  delegate  to  Congress  in  1779  ; 
Governor  of  Virginia  in  1786  ;  and  a  member  of  the  Convention  that 
framed  the  Constitution  of  the  United  States.  I  made  him  Attorney- 
General  of  the  United  States,  at  the  organization  of  the  Federal  gov 
ernment  ;  a  member  of  my  Cabinet  from  the  first.  In  1794  I  made  him 
Secretary  of  State,  placing  him  at  the  head  of  my  official  council  :  in 
my  Cabinet,  from  the  beginning  he  has  been  admitted  to  my  utmost 
confidence.  I  have  held  with  him  a  daily  intimacy.  He  occupied  the 
chief  seat  among  the  guests  at  my  table.' 

"  At  this  point  Washington  rose  to  his  feet,  the  pamphlet  in  his 
hand, — his  whole  aspect  and  manner  showing  the  storm  that  was  gath 
ering,  and  his  voice  rising  as  he  spoke  : 

"  While  at  the  head  of  my  Cabinet  he  has  been  secretly,  but  actively, 
plotting  with  the  opponents  of  my  administration,  consulting  and  con 
triving  with  them  for  the  defeat  of  its  measures  ;  he,  the  Secretary  of 
State,  to  whose  trust  the  foreign  relations  of  the  country  are  con 
fided,  has  been  conducting  an  intrigue  with  the  ambassador  of  a  for 
eign  government  to  promote  the  designs  of  that  government,  which  were 


344  EDMUND  RANDOLPH. 

to  overthrow  the  administration  of  which  he  Randolph  was  a  trusted 
member,  receiving  from  the  ambassador  money  to  aid  in  accomplishing 
that  object  ;  soliciting  from  him  more  for  the  same  purpose, — all  this 
time  I  have  had  entire  faith  in  him,  and  been  led  by  that  faith  to  pay 
deference  to  his  representations,  to  delay  the  ratification  of  the  British 
treaty,  thereby  exposing  myself  to  imputation  of  having  been  intimi 
dated  by  party  clamor  from  the  discharge  of  a  public  duty,  an  imputa 
tion  contrary  to  the  truth,  a  thought  abhorrent  to  my  feelings  and  my 
nature,  and  now  he  has  written  and  published  this.' 

"As  he  uttered  these  last  words,  he  threw  the  pamphlet  down,  and 
gave  way  to  a  terrific  burst  of  denunciation  in  unrestrained  expressions. 
He  then  calmly  resumed  his  seat.  The  storm  was  over.  With  perfect 
serenity  other  business  was  entered  upon,  and  the  name  or  thought  of 
Edmund  Randolph  was  never  again  suffered  to  disturb  his  temper." 

Col.  Pickering's  memory  was  never  exact.  Referring  to  the 
assertion  that  he  never  asked  Washington  for  an  office,  his  tender 
biographer  says :  "As  in  other  instances  his  memory  was  here 
at  fault."  He  twice  asked  Washington  for  office.1  It  is  there 
fore  necessary  to  scrutinize  this,  the  only  report  of  Washington's 
conclusions  on  the  facts  as  set  forth  by  Randolph.  In  this  in 
stance  the  interviewer  had  no  contemporary  document  to  refresh 
his  memory,  and  the  only  other  witness  to  the  incident  was  in  his 
grave  when  the  picturesque  reminiscence  was  written. 

1.  The  assertion  ascribed  to  Washington  that  Randolph's  rise 
to  the  enumerated  posts  of  distinction  was  by  the  aid  of  his  influ 
ence,  is  as  absurd  as  it  is  arrogant.     The  earlier  promotions  and 
elections  in  Virginia  were  without  Washington's  knowledge.     In 
no    instance  does  Washington's  influence  appear  in   Randolph's 
political  successes  up  to  the  appointment  as  Attorney  General. 

2.  "  I  promised  [Peyton  Randolph]  that  I  would  be  to  him 
[Edmund]  as  a  father;  that  promise  has  been  sacredly  kept/'     If 
Washington  had  been  a  father,  and  his  son  secretly  accused  be 
fore  him  by  avowed  antagonists,  would  he  have  concealed   the 
accusation  from  him  for  eight  days  ?     Would  he  have   failed   to 

1  "  Life  of  Pickering,"  I.,  261  ;  II.,  452. 


A   MYTH  ANALYZED.  345 

demand  all  the  documents  on  which,  according  to  his  own  asser 
tion,  the  accusation  pointedly  rested  ?  Would  he  have  lavished 
exceptional  affection  on  his  son  while  daily  consulting  in  secret 
with  his  accusers?  Washington  may  have  felt  compelled  by 
reasons  of  State  to  do  all  this  in  Randolph's  case  ;  but  that  he  could 
at  the  same  time  have  talked  about  fulfilling  promises  of  paternal 
care  for  the  victim  would  imply  a  character  which  no  enemy  ever 
attributed  to  him. 

3.  If  Washington  denounced  Randolph  as  plotting  with  the 
opponents  of  his  administration  to  defeat  its  measures,  it  was 
contrary  to  the  evidence  he  had  in  the  very  document  of  accusa 
tion.     It  could  only  have  been  by  a  survival  in  his  mind  of  Col. 
Pickering's  damaging  mistranslations  already  pointed  out. 

4.  "  Conducting  an  intrigue  with  the  ambassador  of  a  foreign 
government  to  promote  the  designs  of  that  government,  which 
were  to  overthrow  the  administration,  of  which  he  was  a  trusted 
member."  That  is,  Randolph  wanted  to  scuttle  the  ship  in  which 
he  was  sailing.     Disliked  equally  by  Jeffersonians  and  Hamilton- 
ians,  here  is  a  Secretary  who  seeks  to  overthrow  the  one  admin 
istration  in  which  he  could  have  any  place  ! 

5.  The  explanation  of  a  phenomenon   otherwise    incredible 
follows :  "  Receiving  from  the  ambassador  money  to  aid  in  ac 
complishing  that  object."     If  Washington  said  this,  the  senility 
into  which  Jefferson  ("  Ana  ")  says  he  had  sunk  two  years  before, 
must  have  sadly  increased.     He  held,  according  to  Pickering,  the 
three  Fauchet  despatches  in  his  hand  ;  if  they  were  good  for  any 
thing  they  were  good  to  prove  that  he  (Fauchet)  did  not  respond 
to  Randolph's  overtures,  these  being  for  money  to  enable  certain 
men  (not  himself)  to  "  save  the  country  from  civil  war  "  ;  and  that 
France  purchased  no  men  to  do  their  duty. 


CHAPTER  XXXIV. 

WASHINGTON   IN  JUDGMENT. 

AMONG  the  manuscripts  of  Washington  in  the  State  Depart 
ment,  one,  hitherto  unnoticed,  possesses  significance.  It  is  a 
minute  and  extended  summary  of  Randolph's  "Vindication,"  in 
which  every  important  point  of  the  hundred  pages  is  reproduced. 
Why  Washington  performed  this  long  labor,  with  the  pamphlet 
in  his  hand,  seems  incomprehensible.  At  any  rate,  this  was  what 
Washington  did  with  the  work  so  melodramatically  thrown  down 
in  Col.  Pickering's  description.  To  a  casual  perusal,  this  MS. 
seems  a  colorless  resume"  of  Randolph's  pamphlet ;  but  explored 
word  by  word,  just  two  small  paragraphs  of  Washington's  own 
are  discovered : 

"  P.  49.  '  In  the  controversy  between  us  the  partisans  of  Great 
Britain  have  said  I  must  be  sacrificed/  What  has  been  the  con 
troversy  between  us  ?  " 

The  seven  words  of  the  question  are  Washington's.  In  an 
other  part  of  the  digest  Washington  writes  without  pointed 
reference  to  any  passage  in  the  pamphlet :  "  His  declarations  at 
all  times  on  these  subjects  have  accorded  with  my  opinions, 
namely,  that  we  ought  to  be  totally  independent  of  every  power 
on  earth,  france  (sic)  as  well  as  others.  See  his  letter  to  Col. 
Monroe  on  this  subject." 

The  letter  alluded  to  is  probably  that  of  I  June  1795,  Wash 
ington's  admiring  comment  on  which  appears  elsewhere  (Chap. 
XXIV.). 

346 


WASHINGTON'S  ONLY  COMMENTS. 


347 


Those  who  have  studied  Washington's  writings  know  his  sensi 
tiveness  to  criticism,  and  how  ready  he  is  to  remark  any  misrep 
resentation  or  error.  He  covered  the  margins  of  Monroe's 
"  View,"  etc.,  with  sharp  criticisms.  However  keenly  he  must 
have  felt  Randolph's  pamphlet,  not  one  statement  in  it  did  he  ever 
deny.  The  reader  has  in  the  two  small  paragraphs  the  only  dis 
coverable  sign  Washington  ever  gave,  after  Randolph  left  his  side. 

"  His  declarations  at  all  times  on  these  subjects  have  accorded 
with  my  opinions." 

"  What  has  been  the  controversy  between  us?" 

The  question  is  pathetic.  "  Had  Mr.  Fauchet's  letter  been 
shown  to  me  in  private,"  said  Randolph  to  his  lost  chieftain; 
"  — had  you  been  yourself — such  as  you  were  when  party  dare- 
not  approach  you  : — I  should  have  thanked  you,  and  immediately 
gone  in  quest  of  proofs  which  I  now  possess."  Was  it  possible 
that  Washington  could  not  see  the  wrong  done  his  friend  of  many 
years  in  this  secret  consultation  with  his  enemies ;  and,  in  their 
presence,  springing  on  him,  without  preparation,  a  trial  and  cross- 
examination  for  which  the  others  had  been  preparing  for  more 
than  three  weeks  ? 

Whatever  it  was,  the  controversy  between  them  passed  out 
into  the  world  to  receive  its  verdict.  I  can  find  in  the  criticisms 
of  that  period  only  one  attempt  to  answer  the  "  Vindication." 
Of  this  Madison  writes  to  Jefferson,  10  Jan.  1796:  "  Randolph's 
'  Vindication  '  has  just  undergone  the  lash  of  the  author  of  the. 
'  Bone  to  Gnaw.'  It  is  handled  with  much  satirical  scurrility^ 
not  without  strictures  of  sufficient  plausibility  to  aid  in  the 
plan  of  running  him  down."1 

In  a  letter  to  Jefferson  26  Jan.  1796,  Madison  again  refers  to 
the  pamphlet :  "  His  greatest  enemies  will  not  easily  persuade 
themselves  that  he  was  under  a  corrupt  influence  of  France,  and 

1  But  this  outburst  of  Cobbett's  vulgar  malice  is  only  plausible  in  its  exposures  of 
the  improbabilities  in  Fauchet's  "  certificate,"  on  which  Randolph's  defence  did  not 
rest. 


EDMUND  RANDOLPH. 

his  best  friends  cannot  save  him  from  the  self-condemnation  of 
his  political  career,  as  explained  by  himself."  ' 

Thomas  Callender,  though  alienated  from  Randolph  by  Jeffer 
son's  influence,  ridiculed  the  case  against  him.  Quoting  No.  6, 
Callender  wrote : 

u  This  is  a  clear  intimation  that  he  (Fauchet)  could  do  something 
important  if  he  had  the  command  of  proper  funds.  His  real  object 
undoubtedly  was  to  get  the  handling  of  some  cash.  He  knew  that 
work  of  this  kind  was  going  on  in  Europe  and  he  naturally  inferred  that 
America  would  be  thought  worthy  of  purchase.  When  a  republic  such 
as  Genoa  received  ten  million  dollars  in  bribes  undoubtedly  the  United 
States  would  be  worth  more  or  less.  To  ensure  getting  money  he  set 
us  down  very  cheap.  Some  thousands  of  dollars  were  to  have  over- 
turned  the  present  government."9 

The  same  writer  called  attention  to  the  fact  that  Hamilton 
was  involved  with  Randolph  in  the  Fauchet  Despatch  10,  and 
not  through  Randolph,  being  charged  with  corruption  as  finan 
cier,  and  with  having  begged  Washington  to  take  him  along  on 
the  military  expedition  in  Pennsylvania,  in  order  to  impress  the 
country  and  army  with  a  belief  that  the  President  was  on  his 
side.  "  The  friends  of  Alexander  Hamilton,"  says  Callender, 
"  want  to  recommend  the  veracity  of  Fauchet  when  he  impeaches 
Randolph,  and  to  disown  it  when  he  impeaches  Hamilton." 

The  Library  of  Congress  contains  a  copy  of  Randolph's  "  Vin 
dication  "  with  notes  in  the  handwriting  of  Jefferson.  He  has 
underscored  two  descriptive  phrases  aimed  at  Washington  : — 
"  A  temper  which  under  the  exterior  of  cool  and  slow  delibera 
tion  rapidly  catches  a  prejudice,  and  with  difficulty  abandons 
it "  (p.  50) ;  and  "  your  invincible  repugnance  to  retract."  On 
page  97  Randolph,  speaking  of  Washington's  dilemma  over  the 
British  Treaty  and  the  obnoxious  provision-seizing  order,  says: 
"  You  will  remember  a  remarkable  phrase  of  your  own  upon  this 

1  I  cannot  discover  what  part  of  Randolph's  political  career  is  here  referred  to, 
Madison's  letters  suggesting  no  dissatisfaction. 

2  Am.  Annual  Reg.,  1796,  p.  172. 


JEFFERSON'S  COMMENTS. 


349 


occasion."  To  this  Jefferson  adds  the  phrase  alluded  to  :  "  That 
if  he  should  not  ratify  the  Treaty  he  should  lose  the  support  of 
one  party  and  not  gain  the  other,  who  would  still  continue  to 
abuse  him  as  much  as  ever,  and  so  between  the  two  stools  the 
breech  will  come  to  the  ground."  Writing  to  Senator  W.  B. 
Giles,  31  Dec.  1/95,  Jefferson,  whose  dislike  of  Randolph  we 
know,  is  constrained  to  say :  "  His  narrative  is  so  straight  and 
plain  that  even  those  who  did  not  know  him  will  acquit  him  of 
the  charge  of  bribery.  Those  who  know  him  had  done  it  from 
the  first."  Gen.  Horatio  Gates  writes  to  James  Wormeley  n 
Jan.  1796:  "  I  have  read  with  attention  Mr.  Randolph's  pam 
phlet,  and  from  so  able  a  defence,  I  am  convinced  he  had  most 
degrading  and  undeserved  treatment ;  and  this,  I  trust,  will  be  the 
sentiment  of  every  impartial  judge  and  every  friend  of  his 
country." 

These  early  commentators  knew  but  few  of  the  facts.  Since 
their  time  graves  have  opened,  and  secret  things  been  brought  to 
light.  The  attack  on  Randolph  by  Mr.  Wolcott's  son-in-law,  Mr. 
Gibbs,  in  his  "  Administrations  of  Washington  and  Adams,"  was 
followed  in  1856  by  a  republication  of  the  "Vindication"  by  a 
grandson  of  Edmund  Randolph,  Mr.  Peter  Vivian  Daniel,  son  of 
the  late  Justice  Daniel  of  the  U.  S.  Supreme  Court.  From  the 
many  letters  then  received,  which  Mr.  Daniel  has  placed  in  my 
hands,  I  select  a  few  from  those  which  appear  to  represent  im 
partial  and  competent  opinion.  I  copy  from  the  originals,  and 
in  no  case  suppress  any  thing  against  Randolph. 

GEORGE  BANCROFT. — "  It  is  plain  to  my  mind  that  neither  Fauchet's 
money  nor  Fauchet's  advice  had  any  influence  on  Mr.  Randolph's  con 
duct  relating  to  Jay's  treaty.  His  advice  in  the  Cabinet  corresponded 
to  his  convictions." 

Gov.  A.  G.  BROWN. — "  Gen.  Washington's  appreciation  of  men 
was  so  very  accurate  that  we  are  apt  to  adopt  any  views  he  may  have 
expressed,  or  seemed  to  entertain,  of  the  statesmen  of  his  day.  I  never 
thought  that  Randolph  had  acted  corruptly.  But  there  had  been  a 


350  EDMUND  RANDOLPH. 

strong  impression  on  my  mind  that  he  had  been  so  indiscreet  in  his  in 
tercourse  with  Fauchet  as  to  give  his  enemies  a  loop  on  which  to  hang 
a  doubt.  His  whole  life  bore  prompt  and  willing  testimony  that  he 
was  not  corrupt,  and  therefore  appearances,  though  against  him,  did 
not  unsettle  my  conviction  that  he  was  above  being  bribed.  After 
reading  the  pamphlet  I  can  see  how  a  very  cautious  man  might  have 
borne  himself  differently,  and  yet  I  do  not  think  it  just  to  say  that 
Randolph  was  ever  indiscreet." 

Hon.  BENJAMIN  HOWARD. — "  It  is  impossible,  I  think,  for  any  fair 
mind  to  come  to  any  other  conclusion  than  this, — that  General 
Washington  allowed  himself  to  be  excited  to  anger  by  some  of  those 
about  him  who  made  absurd  representations  respecting  Mr.  Randolph, 
and  that  whilst  thus  heated  he  treated  a  high-minded  Virginia  gentle 
man  with  shocking  rudeness  and  injustice.  In  fact,  I  had  scarcely 
patience  to  go  through  the  elaborate  examination  which  Mr.  Randolph 
deemed  it  expedient  to  make  of  the  charges  brought  against  his  in 
tegrity,  deeming  them  utterly  frivolous  and  vexatious.  If  the  history 
shows  that  Washington  gave  way  to  passion,  it  will  only  prove  him  not 
to  have  been 

"  '  That  faultless  monster  whom  the  world  ne'er  saw.' 

That  he  should  have  asked  Mr.  R.  to  walk  into  the  next  room  whilst 
other  persons  were  deciding  upon  his  case,  and  then  have  subjected 
him  to  their  personal  examination,  is  wonderful.  Mr.  R.  would  have 
been  justified  in  walking  out  of  the  house  instead  of  into  the  next 
room  ;  but  I  suppose  his  faculties  were  bewildered  at  finding  himself 
treated  so  unworthily  by  such  a  man  as  General  Washington.  It  would 
have  been  enough  to  confound  any  man." 

WILLIAM  HENRY  TRESCOT.' — "  I  think  the  defence  of  Mr.  Ran 
dolph  can  be  made  unanswerable.  Wolcott  himself,  and  others  who 
agreed  with  him,  shrunk  from  the  full  consequence  of  their  own  accu 
sations,  and  I  think  the  only  mistake  Randolph  committed  was  to  ask 
any  explanation  of  Fauchet  at  all.  Fauchet's  explanation  is  to  me  a 
very  clumsy  one,  and  I  have  put  it  aside  altogether  in  my  conclusion. 
I  prefer  to  hold  him  to  the  explicit  language  of  his  despatch.  I  think 
he  meant,  and  I  prefer  that  he  should  have  meant,  to  charge  Mr.  Ran 
dolph  with  a  corrupt  combination  with  Mifflin  and  Dallas  to  obtain 
money.  This  accusation,  altho'  distinct,  is  not  separate.  It  is  part  of 
the  system  of  policy  which  he  is  endeavoring  to  explain  to  his  govern- 

1  Author  of  "  Diplomatic  History  of  the  United  States,"  etc. 


CHIEF-JUSTICE  TANEY'S  OPINION. 


351 


ment,  and  his  account  is  so  systematic  that  the  despatch  must  be  taken 
or  rejected  as  a  whole.  I  am  sure,  if  properly  analyzed,  it  can  be  re 
duced  to  a  perfect  reductio  ad  absurdum.  But  with  all  my  strong  con 
viction,  I  cannot  help  thinking  that  Mr.  Randolph  was  '  indiscreet f — 
that  is,  that  he  dealt  with  Fauchet  too  frankly,  and  gave  him  credit 
for  an  intelligent  and  unselfish  interest  in  the  welfare  of  the  country 
which  the  man  never  possessed.  The  policy  of  France  to  this  country 
during  the  administrations  of  Washington  and  Adams  was  intolerable, 
and  the  ignorance  of  her  ministers  was  equalled  by  the  insolence  of  her 
government.  The  ambassadors  from  France  here  wrote  despatches  as 
they  made  speeches  in  the  convention — full  of  bombastic  rhetoric  and 
false  sentiment ;  they  misunderstood  every  honest  man  they  met,  and 
were  the  most  pertinacious  mischief-makers  that  ever  tormented  a  gov 
ernment.  Add  to  their  special  characteristics  the  smart  and  busy 
vanity  of  their  private  characters,  and  you  have  men  who  could  not 
safely  be  trusted  even  with  the  truth. 

"  That  Mr.  Randolph  had  a  difficult,  very  difficult,  part  to  play  I 
admit,  and  I  surely  believe  that  he  failed  because  he  was  too  high  and 
noble  a  nature  to  entertain  the  mean  suspicions  of  others  which  they 
were  unjust  enough  to  feel  towards  him.  Had  he  watched  Fauchet 
with  one  tithe  of  the  jealous  distrust  that  Hammond  and  Wolcott  and 
Pickering  watched  him,  he  never  would  have  been  subjected  to  a 
moment's  misunderstanding." 

Chief-Justice  TANEY. — "I  was  a  boy  at  college  when  the  diffi 
culty  took  place  between  him  and  General  Washington,  and  remem 
ber  well  the  excitement  produced  at  the  time  throughout  the  country. 
But  in  those  days  the  students  at  college  did  not  read  newspapers  nor 
political  pamphlets  ;  and  before  I  entered  into  the  society  of  men,  this 
incident  of  Washington's  administration  had  ceased  to  attract  public 
attention,  and  was  no  longer  a  subject  of  public  discussion.  And  I 
had  never  read  any  thing  upon  the  subject,  until  I  saw  the  Wolcott 
correspondence.  Although  this  was  the  account  of  Mr.  Wolcott  him 
self,  who  was  one  of  the  principal  actors  in  this  proceeding,  it  im 
pressed  me  very  unfavorably  as  regarded  the  members  of  the  Cabinet 
who  were  active  in  getting  up  this  charge.  There  was  a  want  of  that 
manly  frankness  on  their  part  which  is  due  from  one  member  of  the 
President's  Cabinet  towards  the  others,  from  the  confidential  relation 
in  which  they  all  stand  towards  the  President  and  towards  each  other. 
He  ought  to  have  been  the  first  person  informed  of  the  imputation  on 
his  integrity,  and  as  soon  as  it  was  made  by  the  British  Minister.  But 


352  EDMUND  RANDOLPH. 

Mr.  Wolcott  and  his  associates  concealed  it  from  him,  while  they  were 
secretly  pouring  suspicions  in  the  President's  ear  and  poisoning  his 
mind  against  Mr.  Randolph.  His  conduct  and  conversations  during 
all  that  time  were  manifestly  watched  and  interpreted  by  prejudice 
under  the  impression  of  these  suspicions,  while  he  was  left  perfectly 
unconscious  that  any  one  entertained  the  slightest  suspicion  of  his 
honor  and  integrity.  And  finally  an  attempt  was  made  to  embarrass 
him  and  take  him  by  surprise,  by  inducing  the  President,  whose  mind 
they  had  thus  poisoned,  to  put  the  letter  suddenly  in  his  hands  and 
demand  an  immediate  explanation  and  answer — when  the  letter  was 
written  in  French  filling  fifteen  pages  ' — containing  a  variety  of  matter 
— some  assertions  and  some  conjectures  and  speculations — very  desul 
tory — and  in  which  the  passages  in  relation  to  Mr.  Randolph  are  to  be 
found  in  different  places — mixed  up  with  other  matters,  so  as  to  make 
it  difficult  to  understand  what  Mr.  Fauchet  meant. 

"  These  were  the  impressions  made  upon  me  by  the  Wolcott  cor 
respondence.  Mr.  Randolph's  Vindication  has  confirmed  them.  And 
I  am  sorry  to  see  that  Gen.  Washington  (in  whom  we  are  most  unwil 
ling  to  admit  any  fault)  was  so  influenced  by  those  who  were  active  in 
these  accusations,  and  by  his  strong  indignation  at  what  he  believed 
the  treachery  of  his  Secretary  of  State,  as  to  depart  from  his  habit 
ual  frankness,  and  dissemble  his  suspicion  for  days,  and  wear  the 
appearance  of  his  usual  friendly  and  confidential  manner  when  it 
would  seem  that  he  suspected  him  of  being  guilty,  and  had  made  up 
his  mind  to  deal  with  him  as  a  culprit  to  be  surprised  into  a  confession 
of  his  guilt,  and  not  as  a  gentleman  whose  character  and  previous  life 
he  well  knew,  and  which  ought  to  have  placed  him  above  all  suspicion 
without  very  clear  and  strong  proof  against  him.  I  cannot  now  im 
agine  how  Fauchet's  letter,  standing  by  itself,  could  be  regarded  as 
such  proof.  The  letter  shows  what  manner  of  man  he  was, — writing 
home  a  letter  mainly  intended,  it  would  seem,  to  give  himself  import 
ance, — and  containing  nothing,  if  true,  that  could  be  of  any  value  to 
his  own  government  from  the  confused  way  in  which  every  thing  is 
stated,  and  representing  what  were  obviously  authorized  although  in 
formal  communications,  as  if  they  were  the  confidential  confessions  of 
the  Secretary,  and  not  as  they  obviously  were,  official.  What  he  meant 
about  the  flour  upon  which  the  charge  against  Mr.  Randolph  is  founded 
I  do  not  know,  for  he  tells  the  story  in  such  a  manner  that  I  cannot 
comprehend  what  he  means,  or  what  Mr.  Randolph  meant,  if  Fauchet 

1  Twenty  folio  pages. 


A    GREAT  NAME  IMPLICATED. 


353 


states  truly  what  he  knew,  or  how  he  inferred  from  it  that  Mr.  Ran 
dolph  was  ready  to  take  a  bribe.  His  subsequent  letter,  however,  to 
Mr.  Randolph  places  the  matter  beyond  doubt.  His  argument  (I 
mean  Mr.  Randolph's)  is  conclusive." 

Here  the  commanding  name  in  American  history  is  implicated. 
Here  also  lies  the  gravamen  in  Randolph's  case.  There  was 
really  no  case  against  Randolph,  though  a  plausible  one  for  the 
momentary  purpose  ;  and  it  is  certain  that  his  shining  name 
would  long  ago  have  emerged  from  its  eclipse  but  for  his  unpar 
donable  sin  of  speaking  against  Washington,  and  the  assumption 
that  his  disgrace  represented  the  President's  judgment.  But 
Washington  never  dismissed  Randolph  from  his  service ;  in 
his  voluminous  letters  he  never  intimated  belief  of  the  charges 
against  him  ;  and  by  the  assumption  that  he  passed  such  judg 
ment  on  the  Secretary  a  real  stigma  is  cast  upon  Washington, 
whereas  Randolph's  words  were  but  the  outburst  of  a  wounded 
friend  fancying  he  had  been  betrayed  with  a  kiss.  On  the  surface 
there  was  reason  for  Randolph's  wrath.  Let  us  suppose  the 
matter  brought  before  Washington  one  simply  affecting  his 
friend's  honor.  It  is  a  charge  brought  from  an  interested  foreign 
Legation  through  a  fiery  partisan  who  had  been  in  his  Cabinet 
six  months,  against  an  old  friend  and  comrade  who  had  served  at 
his  side  from  youth, — on  his  staff  in  the  field,  his  private  secre 
tary,  his  fellow-worker  in  the  affairs  of  Virginia,  for  nearly  six 
years  an  unwearied  worker  in  his  administration.  Washington 
has  seen  this  man  as  a  youth  parting,  as  then  supposed,  with 
a  large  patrimony  for  his  country's  cause,  taking  the  undowered 
hand  of  Liberty,  serving  her  chief  for  twenty  years:  he  had 
known  him  for  many  years,  as  his  personal  lawyer,  building  up  his 
fortune  and  declining  payment.  He  now  finds  him  accused  of  venal 
ity  and  disloyalty  by  comparative  strangers,  avowed  adversaries 
both  of  the  man  and  of  his  own  policy.  The  accusation  is  based  on 
an  equivocal  paragraph  in  an  otherwise  admittedly  untruthful  let- 


3S4  EDMUND  RANDOLPH. 

ter  of  a  foreigner ;  which  letter  refers  to  previous  ones — on  file 
near  by  at  a  Legation  interested  to  respond  to  Washington's  every 
request — for  particulars  which  might  put  a  different  face  on  the 
matter.  What  would  a  loyal  friend,  a  just  man,  a  gentleman,  do 
under  such  circumstances?  Would  he  make  no  effort  to  see 
documents  obviously  essential  to  the  case  ?  Would  he  conceal 
the  charge  from  his  friend,  while  conspiring  with  his  friend's 
adversaries,  until  their  purpose  was  accomplished?  Would  he 
meanwhile  lavish  exceptional  affection  on  his  unsuspecting  friend, 
exchanging  hospitalities  with  him  ?  Would  he  give  the  place  of 
honor  at  his  table  to  a  man  he  meant  to  degrade  as  a  traitor  ? 

This  was  the  apparent  conduct  which  Randolph  resented. 
"  Why,"  he  asked,  bitterly,  "  was  all  this  stratagem  observed  tow 
ards  him  of  whose  fidelity  you  had  never  entertained  a  doubt?" 
Washington  made  no  reply.  Who  has  ever  justified  his  conduct? 
It  has  never  been  defended ;  it  could  not  be  denied ;  and  histori 
ans  have  simply  suppressed  this  notable  chapter  in  the  career  of 
Washington. 

I  submit  that  it  is  susceptible  of  but  one  explanation  at  all 
consistent  with  the  honor  of  Washington  :  he  did  not  believe  one 
word  of  the  charges  against  Randolph.  Jefferson,  Randolph's 
enemy,  said  no  man  who  knew  Randolph  would  believe  them  ; 
and  none  knew  him  so  well  as  Washington.  But  from  the  mo 
ment  in  which  the  intercepted  despatch  was  laid  before  him  every 
step  of  the  President  was  compulsory.  It  was  brought  from  the 
British  office  to  be  held  as  a  pistol  at  the  head  of  the  administra 
tion  to  compel  an  unconditional  signature  to  the  Treaty.  The 
despatch  involved  Washington  equally  with  Randolph,  unless  the 
latter  was  delivered  up  as  the  scapegoat.  Washington's  enemies 
were  even  more  relentless  than  those  of  Randolph.  That  might 
be  of  little  importance  to  him  personally,  but  the  peril  of  his  ad 
ministration  was  the  peril  of  the  country.  In  that  critical  week, 
when  peace  or  war  hung  in  the  balance, — not  only  foreign  but 


THE  PRESIDENT'S  DILEMMA,  355 

civil  war, — a  British  bomb  was  suddenly  revealed  which  no  subse 
quent  disclosure  could  deprive  of  its  adequacy  for  immediate  ser 
vice.  The  intercepted  despatch,  if  published  and  not  repudiated, 
could  raise  enough  clamor  about  executive  intrigue  and  French 
gold  to  ruin  an  administration  already  divided  against  itself. 
The  bomb  had  a  time-fuse,  set  to  explode  at  a  moment  too  late 
for  discussion,  to  be  averted  from  the  administration  only  by 
rolling  it  under  Randolph  and  the  Republicans.  Washington 
could  not  save  Randolph  ;  he  could  easily  have  shared  his  fate. 
The  British  party  had  conquered ;  the  President  could  now  only 
send  a  remonstrance  against  the  odious  Provision  Order  where 
he  meant  to  send  a  demand.  But  he  resolved  that  no  British 
sympathizer  should  write  this  remonstrance ;  on  Randolph  alone 
he  could  depend  to  do  it  vigorously ;  and  for  that  purpose,  and 
to  complete  the  transaction,  he  was  compelled  to  keep  the  Secre 
tary  for  a  week  in  ignorance  of  his  fate. 

It  is  plain  then  why  Washington  did  not  send  for  the  other 
Fauchet  despatches.  Washington  would  not  even  investigate 
Fauchet's  miserable  insinuations  against  the  best  friend  he  had  in 
the  world.  It  was  cruel  enough  that  among  them  they  had  ren 
dered  necessary  the  sacrifice  of  that  friend  ;  he  would  show  them 
that  his  faith  in  their  victim  was  unabated.  He  visited  no  min 
ister  but  Randolph.  At  his  table  Randolph  had  the  place  of 
honor,  and  was  treated  with  a  friendship  which  afterwards 
appeared  to  him  as  a  mask.  But  was  this  true  ?  Was  Washing 
ton  merely  working  on  his  friend's  affection  to  get  out  of  him  a 
bit  of  odious  work  ?  This  was  indeed  the  effect.  To  one  less 
dear  Randolph  would  have  indignantly  refused  all  share  in  the 
surrender  of  American  commerce  to  English  seizure  and  confisca 
tion.  He  ought  to  have  refused  Washington,  but  his  heart  was 
appealed  to  by  the  intimate  visits,  the  dandling  of  his  children. 
Was  Washington  seething  the  kid  in  its  mother's  milk  ?  It 
was  natural  that  it  should  so  seem  to  the  stricken  statesman, 


EDMUND  RANDOLPH. 

to  share  his  view  now  were  to  fix  on  Washington  a  brand  of 
treachery  worse  than  any  ascribed  to  Randolph. 

In  fact,  Washington's  character  is  especially  shown  in  this 
omitted  passage  of  his  history.  Unable  to  rescue  his  friend, 
already  marked  by  Lord  Grenville  for  destruction,1  but  prepared 
to  utilize  even  that  injustice  to  save  his  country  from  war,  Wash 
ington  afterwards  refused  to  shelter  his  own  personal  reputation 
at  Randolph's  cost.  He  could  not,  indeed,  then,  or  at  any  period, 
have  confessed  his  disbelief  in  the  charges,  after  having  based  a 
change  of  policy  on  the  disgrace  of  the  "  French  party"  effected 
by  those  charges ;  but,  the  blow  having  fallen,  Washington  was 
prepared  for  any  personal  penance  ;  nor  would  he  allow  Ran 
dolph's  adversaries  more  than  their  pound  of  flesh.  These 
desired  to  withhold  from  the  forthcoming  "  Vindication  "  parts 
of  Fauchet's  despatch  involving  Hamilton ;  still  more  they 
desired  to  suppress  Washington's  letter  saying  he  would  not  sign 
the  Treaty,  written  just  before  he  did  sign  it.  Pickering,  now  in 
Randolph's  place,  removed  this  damaging  letter  from  the  State 
Department  and  insolently  refused  the  ex-Secretary's  demand  for 
it.  But  Washington  compelled  its  surrender.  "You  are  at  full 
liberty,"  he  wrote  to  Randolph,  "  to  publish  without  reserve  any 
and  every  private  and  confidential  letter  I  ever  wrote  you  ;  nay, 
more, — every  word  I  ever  uttered  to,  or  in  your  presence,  from 
which  you  can  derive  any  advantage  for  your  vindication." 

Pickering's  "  interview  "  proved  mythical, — containing  inaccu 
racies  no  Virginian  could  have  uttered,  and  in  any  case  more 
discreditable  to  Washington  than  to  Randolph, — we  have  as 
Washington's  only  inscription  on  his  friend's  "  Vindication,"  an 
assertion  that  Randolph's  opinions  on  foreign  question's  were 
always  his  own,  and  the  bewildered  question — "  What  was  the 
controversy  between  us  ?  " 

Some  have  sought  to  show  that  Washington  did  not  change 

1  See  his  despatch  to  Hammond,  20  Nov.  1794. 


ACTIONS  LOUDER  THAN  WORDS.  357 

front  under  menace  of  the  intercepted  letter ;  but  the  original 
documents  which  I  have  obtained  from  England  prove  that  such 
was  the  case.  Hammond,  writing  home,  gloats  over  the  chagrin 
of  Randolph,  and  ascribes  his  own  victory  to  "  the  declining  influ 
ence  of  that  gentleman  in  the  Councils  of  this  country." 

At  no  period  up  to  his  death  could  Washington  have  done 
justice  to  Randolph  without  seriously  affecting  the  foreign  rela 
tions  of  the  country.  To  admit  disbelief  in  the  Fauchet  false 
hoods  concerning  Randolph, — consequently  concerning  the  party 
which  opposed  the  treaty, — would  confess  that  the  Provision 
Order  was  swallowed,  and  the  combination  to  starve  France 
joined,  under  English  menace  and  dictation.  That  would  have 
given  away  the  American  contention  in  the  hostile  controversy 
with  France  which  followed,  and  went  so  far  as  to  summon 
Washington  again  to  the  head  of  the  army.  On  this  personal 
matter,  therefore,  because  it  still  involved  the  nation,  Washington 
was  necessarily  dumb.  If  his  treatment  of  Randolph  was  not 
hypocritical,  he  no  doubt  hoped  that  eventually  his  old  comrade 
would  see  that  during  their  last  week  together  the  kindness  was 
real,  the  unkindness  the  mask.  Those  last  actions  would  say  to 
a  calmer  year  :  "  I  sacrificed  you,  but  never  doubted  you." 

Even  so  it  proved.  After  fifteen  years  he,  for  the  first  time, 
referred  to  his  trouble  with  Washington.  On  2  July  1810  he 
wrote  to  Hon.  Bushrod  Washington :  "  If  I  could  now  pre 
sent  myself  before  your  venerated  uncle  it  would  be  my  pride 
to  confess  my  contrition  that  I  suffered  my  irritation,  be  the 
cause  what  it  might,  to  use  some  of  those  expressions  respect 
ing  him  which,  at  this  moment  of  my  indifference  to  the  ideas 
of  the  world,  I  wish  to  recall,  as  being  inconsistent  with  my 
subsequent  convictions."  He  added  that  it  was  his  hope  that  he 
might  yet  recover  strength  enough  to  leave  the  world  his  sincere 
homage  to  Washington, — a  hope  fulfilled. 


CHAPTER  XXXV. 

GERMANICUS    IN    EXILE. 

IT  was  to  be  a  long  time  before  Randolph  could  calmly  survey 
the  situation  which  had  brought  about  his  sacrifice,  or  take  a 
lenient  view  of  Washington's  course.  His  own  characteristic 
loyalty  could  not  comprehend  the  disloyalty  to  friendship  or 
personal  injustice.1  What  friendship  meant  to  Randolph  appears 
in  a  letter  to  Madison  I  Nov.  1795  : 

"  I  have  forborne  to  write  to  you  since  my  resignation,  that  you 
might  be  able  to  affirm  that,  in  the  ground  which  I  shall  take  in  my 
appeal  to  the  people,  you  have  borne  no  part.  For  among  the  objects, 
which  the  President  and  his  party  have  in  view,  one  is  to  destroy  the 
republican  force  in  the  U.  S.  A  conspiracy,  more  deeply  laid  and  sys 
tematically  pursued,  has  not  yet  occurred  ;  and  in  every  newspaper 
from  New  York  and  Boston  I  read  hints,  bottomed  upon  that  letter.  I 
have  no  doubt,  that  the  whole  scheme  will  recoil  upon  their  heads. 
But  it  has  required  time  to  prepare  the  means.  This  is  now  done, 
and  the  press  is  at  work.  I  cannot  in  the  compass  of  a  letter  give  you 
details.  But  every  nerve  has  been  strained  to  combine  your  name  in 
a  business  to  which  you  were  the  most  absolute  stranger.  I  mean  the 
insurrection,  and  a  general  revolution  of  government.  I  feel  happy  at 
my  emancipation  from  an  attachment  to  a  man  who  has  practised  upon 

1  Had  Randolph  known  the  tenor  of  Grenville's  secret  despatches, — that  the 
Indian  wars  must  end  only  through  English  interposition  ;  that  the  negotiation  must 
be  with  Hamilton,  and  kept  from  Randolph  ;  that  Randolph  must  be  made  pliant  or 
replaced,  a  conference  for  this  end  to  be  held  ;  he  (Randolph)  might  have  appre 
ciated  more  fully  the  secret  and  tremendous  pressure  brought  to  bear,  in  consultations 
from  which  he  was  excluded,  on  the  now  rapidly  failing  President.  Personally 
"Washington  knew  not  fear  ;  for  his  country,  and  when  political  and  not  military 
action  was  required,  the  father  of  his  country  was  maternally  apprehensive. 

358 


THE   "RUINED  BARK."  359 

me  the  profound  hypocrisy  of  a  Tiberius,  and  the  injustice  of  an  assas 
sin.  If  he  does  not  repent  it,  it  must  be  because  he  is  invulnerable  by 
even  the  most  pointed  facts.  In  the  course  of  this  week,  I  expect  to 
commence  my  journey.  Wearied  as  I  am  in  contemplating  the  vexa 
tious  subject,  I  will  not  dilate  upon  it,  as  my  pamphlet  will  shortly 
reach  you." 

Here  we  find  him,  instead  of  seizing  the  strong  hand  of  Mad 
ison  in  his  hour  of  need,  carefully  defending  that  powerful  friend 
from  possible  participation  in  any  odium  that  might  surround 
himself.  What  a  commentary  on  human  judgment  to  now  read 
this  letter  beside  the  report  of  the  English  Chargt  d*  Affaires  : 
"  Every  man  of  that  party  (particularly  such  as  are  implicated  in 
the  remarks  contained  in  Mr.  Fauchet's  intercepted  letter)  seems 
willing  to  let  this  ruined  Bark  sink  of  itself  and  to  shun  the  vortex 
which  hurries  it  to  the  bottom  !  " 

The  Englishman's  remark  was  true  enough.  Randolph's 
care  to  detach  his  friends  from  all  implication  with  himself  does 
not  appear  to  have  excited  chivalry  towards  himself.  It  is  a  nota 
ble  fact  that  when  leading  republican  statesmen  who  had  ridi 
culed  in  private  the  accusations  against  Randolph  came  into 
power,  they  gave  him  no  opportunity  for  rehabilitation.  The 
causes  are  not  remote.  I.  Jefferson  had  politically  undermined 
Randolph  by  writing  to  leading  politicians  the  misrepresentations 
of  his  course  in  the  Cabinet  already  recounted.  2.  Randolph 
knew  not  the  wisdom  of  the  unjust  steward  who  used  his  master's 
means  to  make  friends  with  his  creditors,  so  that,  when  dismissed, 
he  might  be  received  in  their  habitations.  He  had  stood  by  the 
rights  and  principles  of  his  country  alike  against  French  and 
English  interests ;  he  had  thereby  equally  incurred  enmity  of  the 
French  and  English  ambassadors ;  also  that  of  their  respective 
parties  in  America.  When  John  Adams  exclaimed  "  Happy  is 
the  country  to  be  rid  of  Randolph  ! "  the  response  came  from 
Monticello.  3.  There  was  a  party  war ;  partisans  only  were 
wanted.  Randolph  could  not  be  a  partisan.  In  political  life  he 


360  EDMUND  RANDOLPH. 

in  no  instance  fought  for  victory.  4.  So  far  from  conciliating  the 
party  with  which  he  most  sympathized,  he  had  assailed  its  organ 
izations — the  "democratic  societies" — as  tending  to  develop  a 
tyrannous  Jacobinism.  The  truth  of  this  charge  was  now  proved 
in  his  own  case.  Even  statesmen  who  deplored  those  societies, 
in  private,  were  afraid  to  consort  publicly  with  the  man  who  had 
offended  them. 

In  this  connection  an  expression  concerning  Washington,  in 
the  above  letter  to  Madison,  has  significance, — the  allusion  to 
Tiberius.  In  a  letter  before  me  to  Samuel  Bayard,  London, 
enclosing  him  £52,  he  says  the  President's  perfidy  is  "  unexam 
pled  but  in  Tiberius."  This  is  not  a  mere  strong  expression,  but 
a  far-reaching  one,  from  the  heart  and  hand  which  had  defended 
the  President  under  the  signature  "  Germanicus." 

The  pseudonyms  of  our  early  political  writers  were  carefully 
chosen.  That  under  which  Randolph  defended  Washington  bore  a 
connotation  somewhat  pathetic, — to  be  proved  in  the  end  pro 
phetic.  Young  Germanicus,  son  of  a  house  whose  imperial  figures 
had  departed,  was  so  loyal  to  his  adoptive  father  that  he  would 
have  no  other  name  on  the  memorial  of  his  own  victories  but  that 
of  "  Tiberius."  In  his  youth  Germanicus  had  entered  military  ser 
vice  with  Tiberius,  but  was  recalled  to  be  magistrate  and  "At 
torney  General  "  at  Rome.  The  young  Roman's  resemblance  to 
Randolph  went  further,  through  the  latter's  imitation  of  his  suc 
cessful  effort  to  put  down  the  mutiny  of  four  legions  by  negotia 
tion  instead  of  bloodshed.  The  four  mutinous  western  counties 
of  Pennsylvania  were  thus  appeased  before  the  arrival  of  soldiery. 
Then  as  Germanicus,  at  the  order  of  Tiberius,  fought  battles 
over  which  he  shed  tears,  Randolph  engaged  in  Cabinet  combats, 
in  altercations  with  ambassadors,  for  which  he  had  no  taste.  It 
can  hardly  be  supposed  that  the  pseudonym  meant  to  him  more 
than  an  expression  of  an  adopted  son's  loyalty,  but  its  use,  in  the 
light  of  subsequent  events,  is  startling.  Tiberius,  outwardly  hon- 


LIBERATING  SLAVES. 


361 


oring  Germanicus,  secretly  thwarted  him,  placed  next  him  in 
command  an  official  who  hated  him,  and  by  whose  machina 
tions  he  perished.  That  Washington,  while  honoring  him  out 
wardly,  should  have  been  delivering  him  secretly  to  his  enemies 
in  the  Cabinet,  could  hardly  fail  to  remind  the  "  Germanicus " 
who  defended  the  President  in  his  darkest  days,  of  the  perfidy  of 
Tiberius.  For  he  could  not  then  know  the  forces  at  work  around 
the  President  or  himself. 

Notwithstanding  the  popularity  of  Washington  the  circum 
stances  of  Randolph's  resignation,  and  the  unconditional  ratifica 
tion  of  the  Treaty,  excited  much  indignation  in  Virginia,  and 
throughout  the  South.  Jefferson,  in  a  letter  to  Gouverneur 
Morris,  describes  the  triumph  of  the  British  party  as  a  "  dear- 
bought  victory."  "  Nothing  can  support  them  but  the  Colossus 
of  the  President's  merits  with  the  people." 

Before  setting  out  for  Virginia  Randolph  summoned  his  ser 
vants  and  presented  them  with  free  papers.1  On  his  arrival  in 
Richmond,  Nov.  20,  he  was  received  with  a  public  demonstra 
tion.  He  at  once  resumed  the  practice  of  law,  and  was  wel 
comed  to  his  old  place  at  the  head  of  the  Bar. 

He  was  a  sore  loss  to  the  republicans  at  Philadelphia.  On 
Randolph  they  had  depended  for  legal  light  on  all  questions 
of  constitutional  action ;  and  when,  after  the  President  had 
signed  the  Treaty,  the  House  of  Representatives  hesitated  to 
pass  an  appropriation  for  its  execution,  Randolph  was  besieged 
with  letters  on  the  subject.  "  Randolph,"  writes  Jefferson  to 
W.  B.  Giles  (31  Dec.  1795),  "seems  to  have  hit  upon  the  true 
theory  of  our  Constitution ;  that  when  a  treaty  is  made  involv- 

1 "  All  took  them  but  the  cook,"  writes  one  of  his  granddaughters,  "  who  walked 
to  the  Library  fire  and  put  them  in  the  coals,  and  said  :  '  I  aint  agoin  to  do  noffin  of 
the  kind.  Ise  goin  to  live  and  die  with  master.  Ise  goin  back  to  old  Virginny.' 
Which  she  did,  and  died  in  his  service.  There  were  several  of  his  old  negroes  in 
Richmond  taken  care  of  by  my  mother  and  aunts, — one  who  was  blind  from  child 
hood."  (MS.) 


EDMUND  RANDOLPH. 

ing  matters  confided  by  the  Constitution  to  the  three  branches 
of  the  Legislature  conjointly,  the  Representatives  are  as  free  as 
the  President  and  Senate  were  to  consider  whether  the  national 
interest  requires  their  giving  the  form  and  force  to  the  articles 
over  which  they  have  a  power."  I  cannot  find  that  Randolph 
participated  in  the  excited  meetings  which  were  held,  as  a 
speaker,  but  the  following  letter  reveals  his  interest  in  them. 
It  is  to  his  "  dear  friend "  Madison,  and  dated  at  Richmond, 
25  April  1796. 

"  The  meeting,  which  I  mentioned  to  you  in  my  last  letter,  was  this  day 
held  at  the  Capitol.  Between  3  &  400  persons  were  present  ;  a  large 
proportion  of  whom  were  British  merchants,  some  of  whom  pay  for 
the  British  purchases  of  horses, — their  clerks — officers,  who  have  held 
posts  under  the  President  at  his  will, — stockholders — expectants  of 
office — and  many  without  the  shadow  of  a  freehold.  Notwithstanding 
this,  the  numbers  on  the  republican  side,  tho'  inferior,  were  inferior 
in  a  small  degree  only  ;  and  it  is  believed  on  good  grounds  that  the 
majority  of  free-holders  were  on  the  side  of  the  house  of  representa 
tives.  Campbell  and  Marshall  the  principal  combatants  [word  illegi 
ble],  as  you  know  without  being  told.  Marshall's  argument  was  incon 
sistent,  and  shifting  ;  concluding  every  third  sentence  with  the  horrors 
of  war.  Campbell  spoke  elegantly  and  forcibly  ;  and  threw  ridicule 
and  absurdity  upon  his  antagonist  with  success.  Mr.  Clofton  will 
receive  two  papers  ;  one  signed  by  the  treaty  men,  many  of  whom  he 
will  know  to  have  neither  interest  nor  feeling  in  common  with  the 
citizens  of  Virginia,  and  to  have  been  transplanted  hither  from  Eng 
land  or  Caledonia  since  the  war,  interspersed  pretty  considerably  with 
fugitive  tories  who  have  returned  under  the  amnesty  of  peace.  The 
notice,  which  I  sent  you  the  other  day,  spoke  of  instructions  and  a 
petition  ;  but  Marshall,  suspecting  that  he  would  be  outnumbered  by 
freeholders,  and  conscious  that  none  should  instruct  except  those  who 
elect,  quitted  the  idea  of  instruction,  and  betook  himself  to  a  petition,  in 
which  he  said  all  the  inhabitants  of  Richmond,  though  not  freeholders, 
might  join.  Upon  which  Campbell  gave  notice,  that  it  would  be  pub 
lished  that  he  (Marshall)  declined  hazarding  the  question  on  the  true 
sense  of  the  country.  Very  few  of  the  people  of  the  county  were 
present ;  but  three-fourths  of  those  who  were  present  voted  with  Camp 
bell.  Dr.  Foushee  was  extremely  active  and  influential." 


"POLITICAL    TRUTH." 

The  most  important  work  of  Randolph  in  the  year  1796  was 
the  production  entitled  "  Political  Truth  ;  or  Animadversions  on 
the  Past  and  Present  state  of  Public  Affairs ;  with  an  inquiry 
into  the  truth  of  the  charges  preferred  against  Mr.  Randolph." 
Philadelphia:  printed  by  Samuel  Harrison  Smith,  No.  118  Chest 
nut  St.,  MDCC.XCVI."  In  this  pamphlet  Randolph  appears, 
intellectually  at  least,  at  his  best.  He  is  now  a  free  man.  The 
subjoined  extracts  possess  a  centenary  suggestiveness. 

"America,  when  she  surveyed  the  old  world,  saw  nothing  but  a 
wide  scene  of  corruption.  The  happiness  of  a  million  dependent  on 
the  caprice  of  one  man  ;  wealth,  distinction,  and  honour  the  rewards  of 
servility  and  prostitution  of  talents  ;  idleness  united  to  affluence,  in 
dustry  to  poverty  ;  religion  but  another  name  for  superstition  and 
intolerance  ;  all  these  hideous  effects  sprang  from  the  political  institu 
tions  denominated  governments.  Even  these  nations  themselves,  pos 
sessing  in  most  respects  one  common  property,  had  presented  one 
unshifting  scene  of  rapacity  and  bloodshed  in  their  connections  with 
each  other.  To  suppose  then  that  the  United  States,  in  her  intercourse 
with  them,  would  avoid  every  source  of  discord,  was  to  suppose  vice 
a  friend  of  virtue,  and  corruption  the  protectress  of  innocence.  ...  It 
required  not  the  gift  of  prophecy  to  foresee  that  our  happiness  must 
depend  on  as  insulated  a  state  of  existence  as  the  imperiousness  of  our 
wants  would  permit.  Our  contest  for  freedom  cost  us  some  sacrifices 
of  this  independent  principle.  The  obligations  we  entered  into  with 
France  were  the  price  of  those  benefits  which  she  cooperated  in 
securing.  They  impaired  in  a  limited  degree  our  national  principle, 
but  yet  they  were  entitled  to  an  honorable  compliance  from  the  high 
advantages  which  they  reciprocated,  as  well  as  from  the  great  sacrifices, 
they  made  of  the  principles  of  the  government  which  sanctioned  them.. 
France  too,  though  then  a  despotism,  had  unwarily  planted  the  germ  of 
liberty  ;  and  at  that  very  moment  the  national  enthusiasm  in  the  cause 
of  American  freedom,  which  ran  through  the  kingdom,  was  the  presage 
of  its  impending  birth  in  France.  Treaties  were  formed  with  other 
powers  during  the  war.  They  all  arose  from  necessity,  and  had  proba 
bly  expired  with  the  cause  which  produced  them,  had  the  principle  of 
independence  retained  its  inflexible  determination.  Good  faith  re 
quired  a  strict  observance  of  all  of  them.  But  as  it  did  not  require,  so 
neither  did  good  sense  justify  or  recommend,  their  extension,  either  as 
to  time  or  as  to  their  contents. 


364  EDMUND  RANDOLPH. 

"The  deposit  which  a  kind  Providence  placed  in  our  hands  was 
dear  beyond  everything  heretofore  entrusted  to  man.  It  promised  in 
its  effects  to  produce  universal  regeneration,  to  restore  man  to  his 
original  state  of  innocence,  and  to  add  to  his  happiness  by  making  it 
secure.  Liberty,  tried  in  the  school  of  adversity,  had  made  successive 
displays  of  uncontrollable  energy,  had  risen  above  the  storm,  and  now 
assumed  her  station  in  the  midst  of  tranquillity  and  peace. 

"  After  the  desolation  of  war,  the  nation  felt  that  languor  ever  in 
separable  from  great  exertion.  .  .  .  Our  national  sleep,  of  course,  so 
far  from  being  an  evil,  was  a  positive  good.  It  restored  us  to  our 
healthful  state,  and  we  awoke  to  the  enjoyment  of  a  new  existence. 

"  It  were  futile  to  deny  that  a  large  portion  of  our  present  happi 
ness  sprang  from  the  national  government  ;  but  equally  futile  would  it 
be  to  deny  that  this  government  received  its  legitimate  energy  from 
the  enlightened  virtue  of  the  people.  From  the  texture  of  the  system 
many  powers  were  vaguely  granted  without  regard  to  accuracy  in  their 
nature,  and  uncircumscribed  in  their  extent.  Whether  this  indefinite 
feature  was  the  effect  of  accident  or  design  has  been  and  still  is  a  sub 
ject  of  controversy." 

Randolph  then  proceeds  to  argue  that  this  vagueness  of  the 
Constitution  was  designed  by  some  who,  unable  to  incorporate 
their  unrepublican  principles  in  it,  hoped  to  import  them  gradu 
ally  by  construction.  He  shows  that  this  had  been  already  done, 
to  some  extent.  "  The  funding  system,  the  irredeemable  quality 
of  the  debt,  the  national  bank,  are  features  borrowed  from  the 
British  system."  A  special  solicitude  to  preserve  the  defects  of 
the  Constitution  is  observable, — its  least  republican  features. 

So  far  as  his  own  case  is  concerned  Randolph  does  not,  in 
"  Political  Truth,"  add  any  material  facts  to  the  "  Vindication," 
— whose  main  points  have  been  used  in  the  preceding  pages.  He 
here  still  challenges  accusers  to  name  the  secret  which  had  been 
confided  to  the  French  Minister.  "  Under  the  garb  of  a  communi 
cative  frankness  secrecy  is  most  successfully  practised,"  he  says ; 
but  "  even  Mr.  Fauchet,  who  borrowed  from  the  stores  of  fancy 
what  his  judgment  or  information  could  not  supply,  does  not 
specifically  state  a  solitary  communication  made  by  the  Secretary 
of  State  which  his  official  duty  forbade." 


THE  NEW  FEDERALISTS.  365 

In  the  spirit  which  once  caused  George  Mason  to  drink  the 
health  of  King  George's  ministers  in  his  best  claret,  Jefferson,  as 
we  have  seen,  rejoiced  in  "  the  dear-bought  "  victory  of  the  "  Brit 
ish  Party."  From  the  hour  that  Randolph  left  his  side,  Wash 
ington  was  delivered  into  the  hands  of  Messrs.  Wolcott  and  Picker 
ing.  The  latter  could  now  freely  indulge  his  hatred  of  France, 
and  answer  with  insult  her  claims  to  gratitude  for  benefits  result 
ing  "  from  her  exertions  to  advance  her  own  interest  and  secure 
her  own  safety!"  The  increasingly  strained  relations  between 
France  and  the  United  States  caused  the  military,  or  despotic, 
side  of  the  government  to  come  more  and  more  to  the  front,  and 
the  sentiments  or  interests  of  the  States  to  be  treated  with  com 
parative  indifference.  "  Virginia,"  writes  Randolph  to  Madison,  8 
Jan.  1797,  "  Virginia  is  very  little  more  in  this  quarter,  than  a  col 
ony  of  Philadelphia.  No  conversation,  no  object  political,  com 
mercial,  and  in  many  instances  legal,  can  occur,  without  looking 
up  to  that  city  as  the  standard.  We  are  even  unable  to  procure 
the  current  publications  until  they  are  stale  there.  Whatever 
is  said  in  favor  of .  the  government  is  circulated  under  franks 
from  the  treasury,  etc.  But  not  a  Virginian  eye  has  seen  Galla- 
tin's  pamphlet,  Dwight's  address  to  the  President,  President  the 
2d.,  etc.,  etc." 

Washington  being  presently  out  of  it,  the  reactionists  had  all 
the  rope  they  wanted.  For  one  brief  space  they  had  the  oppor 
tunity  to  lay  bare  their  soul.  It  was  not  enough  that  the  Con 
stitution  had  left  an  unfenced  croft  where  authority  might  play 
its  fantastic  tricks, — like  the  "  Guid-man's  croft"  once  left  in 
wildness  near  tilled  acres,  that  mischievous  imps  might  have  no 
need  to  invade  the  crops.  The  new  Federalism  gleefully  trampled 
the  gardens  of  liberty :  the  legislative  power  "  to  raise  and  sup 
port  armies,"  "  to  make  rules  for  the  government  and  regulation 
of  the  land  and  naval  forces,"  and  several  other  trusts,  were 

Despatch  to  Pinckney  at  Paris,  16  January  1797. 


366  EDMUND  RANDOLPH. 

transferred  to  President  II.  for  five  years  in  advance  ;  also  the 
authority,  so  carefully  reserved  to  Congress,  "  to  borrow  money  on 
the  credit  of  the  United  States."  The  purse  and  sword  thus  de 
livered  up  to  an  absolute  sovereign,  he  was  empowered  to  banish 
all  foreigners  whose  principles  he  did  not  like,  without  trial. 
The  press  was  fettered  by  a  law  making  it  criminal  to  print  any 
thing  with  intent  to  bring  either  Congress  or  the  President  into 
the  "  contempt  or  disrepute  "  they  so  richly  deserved.  The  light 
and  airy  spirit  with  which  these  things  were  done  was  displayed 
in  the  titles  given  by  officials  to  these  acts, — "  the  Sedition  Act 
cutter,"  and  "  the  Alien  Law  smack."  But  "  cutter "  and 
"  smack  "  have  other  meanings  than  those  drawn  from  the  naval 
service, — also,  by  the  way,  given  over  to  President  II.  It  was, 
however,  something  more  than  cut  or  smack  which  those  apes 
of  autocracy  drew  on  themselves, 

Had  Randolph  been  a  demagogue  his  opportunity  was  in  the 
insurrection  of  Southern  sentiment  against  the  Alien  and  Sedition 
Acts.  Destiny  had  made  him  martyr  of  the  anti-treaty  senti 
ment  ;  the  ministers  who,  over  his  prostrate  form,  compelled  the 
nation  to  kiss  the  British  rod,  remained  to  strike  down  the  rights 
of  individuals  and  States.  Virginia  needed  an  eloquent  leader. 
Jefferson  and  Madison  were  without  eloquence ;  all  that  was  left 
of  Patrick  Henry  had  been  drawn  by  all  that  was  left  of  Wash 
ington  to  the  other  side.  But  Randolph  was  a  man  of  prin 
ciples;  he  saw  unconstitutional  federal  acts  answered  by  un 
constitutional  State  theories,  which  might  culminate  in  civil 
war.  They  culminated  in  the  Kentucky  Resolutions  of 
1798.  While  Jefferson's  hidden  hand  was  writing  these,  Ran 
dolph  was  engaged  in  work  dealing  with  constitutional  pro 
blems.  Circumstances  prevented  its  completion  ;  the  fragment 
probably  perished  with  other  manuscripts  in  a  disastrous 
fire;  but  his  correspondence  at  the  time  shows  Randolph  anx 
iously  reminding  revolutionary  politicians  that  State  governments 


THE  RESOLUTIONS  OF  1798.  367 

are  not  States.  Even  Madison  had  forgotten  that ;  there  was  a 
nullification  clause  struck  from  the  Resolutions  prepared  by  him 
for  Virginia.  Where  this  elimination  came  from  is  shown  by  a 
manuscript  found  among  Madison's  papers,  but  never  published. 
Although  Madison,  then  in  the  Virginia  legislature,  may  have 
been  somewhat  shy  of  association  with  Randolph, — efforts  being 
made  to  implicate  him  also  with  Fauchet,  who  had  patronized 
him  in  the  intercepted  despatch, — their  personal  friendship  was 
never  disturbed.  Privately  Madison  consulted  Randolph  on  every 
important  step  ;  and  in  a  letter  to  Jefferson  he  calls  his  attention 
to  the  principle  laid  down  by  Randolph  in  the  subjoined  paper. 
A  partial  draft  of  the  Report  justifying  the  Resolutions  of  1798 
had  been  sent  to  Randolph  for  criticism.  In  supporting  the  posi 
tion  "  that  the  States  are  parties  to  the  Constitution  or  compact," 
this  Report  refers  to  the  various  senses  of  the  word  "  State," — 
as  the  territory,  the  particular  government, — and  "  lastly,"  it 
adds,  "  it  means  the  people  composing  those  political  societies,  in 
their  highest  sovereign  capacity."  In  this  last,  says  the  Report, 
all  will  concur,  whatever  different  construction  of  "  States  "  in 
the  resolution  may  have  been  entertained,  "  because  in  that  sense 
the  Constitution  was  submitted  to  the  States ;  in  that  sense  the 
States  ratified  it ;  and  in  that  sense  of  the  term  '  States  '  they 
are  consequently  parties  to  the  compact  from  which  the  powers  of 
the  federal  government  result." 

The  Virginia  Resolutions  of  1798  say  nothing  of  the  people. 
They  are  careful  to  use  "  States  "  in  the  plural,  and  imply  that 
they  must  unite  to  check  the  federal  government ;  but  there  is 
no  hint  that  the  legislature  regarded  any  sovereignty  above 
itself.  New  Hampshire  replied  "  That  the  State  Legislatures  are 
not  the  proper  tribunals  to  determine  the  constitutionality  of  the 
laws  of  the  General  Government  "  ;  and  no  committee  with  Mad 
ison  at  its  head  could  deny  this.  So  it  was  necessary  at  once  to 
stand  by  the  "  flag  of  '98  "  and  to  explain  it  away.  This  was  the 
dilemma  submitted  to  Randolph,  whose  review  follows : 


368  EDMUND  RANDOLPH. 

"  I  admit  that  the  word  States  is  used  in  the  Constitution  in  all  the 
senses  which  have  been  ascribed  to  it  by  the  paper  which  I  have  seen  ; 
that  the  State-governments  neither  created  nor  can  abrogate  the  federal 
compact  ;  and  that  the  people  of  the  States  did  create,  and  may  abro 
gate  it.  But  none  of  these  considerations  settle  the  question.  The 
true  enquiry  is,  in  what  sense  the  resolution  of  the  last  Assembly 
intended  to  use  that  term  ?  It  seems  to  me  that  nothing  could  have 
been  more  unimportant,  at  least  to  the  subject  matter,  than  to  announce 
that  the  people  of  the  States  were  parties  to  the  Constitution.  Every 
body  acknowledged  it.  To  introduce  this  position,  therefore,  appears 
to  be  so  wanton,1  as  that  an  attempt  to  shelter  the  Assembly  under  that 
signification  will  be  deemed  a  downright  subterfuge.  The  close  rea 
soning  of  every  other  part  of  the  resolutions  will  countenance  this 
imputation. 

"  But  if  the  word  is  to  be  thus  understood,  what  is  to  prevent  the 
conclusion,  that  the  people  alone  ought  to  interfere  in  correcting  vio 
lations  of  the  Constitution  ?  I  know  that  in  some  subsequent  pages, 
which  I  have  not  seen,  it  is  intended  to  insist  upon  the  right  of  the 
State  governments  to  animadvert  upon  its  violations.  How  then  can  it 
affect  the  main  purpose  of  the  work,  if  an  unity  be  given  to  it  by  vest 
ing  the  State  government  uniformly  with  the  power  of  thus  animadvert 
ing  ?  It  deserves  to  be  noticed,  too,  that  in  sundry  passages  of  the 
resolutions,  the  word  States  certainly  includes  the  State  governments, 
and  the  expression  of  the  States  being  parties  to  the  compact  was 
defended  by  the  friends  of  the  resolution  during  the  last  session,  upon 
that  idea." 

"  There  is  so  much  depending  upon  what  is  done  now,  that  to 
afford  an  opportunity  for  a  clamor  throughout  the  United  States,  and 
an  increased  alienation  of  the  Eastern  from  the  Southern  people,  will 
be  a  dreadful  catastrophe.  I  submit,  then,  to  your  consideration, 
whether,  in  the  paragraph  speaking  upon  the  subject,  it  may  not  be  as 
well  at  least  to  make  a  salvo  of  this  kind  :  that,  even  if  the  word  States 
were  to  be  confined  to  the  State  governments,  it  will  appear  in  the 
sequel  that  the  State  governments  themselves  have  a  right  to  pass  such 
resolutions  as  those  of  the  last  Assembly." 

1  Madison's  marginal  note  :  "  The  arguments  used  in  support  of  the  alien  and 
sedition  laws  made  it  proper  to  state  the  fact  and  go  to  the  foundation  of  the  Consti 
tution.  It  rested  on  certain  truisms.  What  are  the  principles  on  which  the  Decla 
ration  of  Independence  and  Declaration  of  Rights  of  Virginia  and  [declarations  on 
which]  other  states  are  founded,  but  plain  truths  or  [word  illegible]." 

*  Here  follows,  in  Madison's  writing  :  "  Quere  :  but,  if  so,  among  the  inaccuracies 
observable  in  the  reasonings  of  particular  members." 


THE   SUICIDE   OF  FEDERALISM.  369 

A  careful  perusal  of  Madison's  Report,  as  it  passed  the  Vir 
ginia  Legislature,  will  show  that  it  was  influenced  by  this  criti 
cism.  The  right  of  interference  by  the  State  Legislatures  was 
reduced  to  one  of  mere  protest — a  right  requiring  no  challenge. 
The  State  legislature  may  censure  federal  legislation  ;  it  may 
summon  its  people  in  convention,  and  if  they  obey,  and  conven 
tions  in  three-fourths  of  the  other  States  cooperate  with  them, 
the  federal  government  would  be  overpowered.  This  would  be 
the  only  possible  resumption  of  State  sovereignty  according  to 
the  principle  affirmed  by  Randolph  in  the  above  paper.  And 
from  the  time  it  came  into  Madison's  hand  he  retreated  from  the 
"  nullification  "  position  taken  up  in  his  original  Resolutions. 

Such  was  the  silent  work  of  exiled  "  Germanicus."  This  was 
the  patriot  whom  Northern  men  struck  down, — this  man  so  reso 
lute  in  his  nationality,  so  anxious  lest  sectional  alienation  should 
increase  !  Without  a  word  of  elation  Randolph  saw  their  blow 
recoil  on  his  adversaries.  For  there  never  was  a  more  suicidal 
victory.  In  that  favorite  of  Virginia  they  drove  from  public  life 
the  Southerner  without  sectionalism,  the  antislavery  Virginian, 
the  one  republican  able  to  curb  revolutionary  democracy.  Ran 
dolph  and  pure  republicanism  fallen,  in  their  place  rose  Jefferson, 
and  a  democratic  imperialism  under  which  those  sham  federalists 
saw  their  party  buried  in  the  grave  of  their  outstripped  leader, 
with  Aaron  Burr's  bullet  in  his  breast. 


CHAPTER  XXXVI. 

THE  FICTITIOUS    DEFAULT. 

IN  a  list  of  debtors  to  the  United  States,  laid  before  Congress 
(1887)  by  the  Register  of  the  Treasury,  a  balance  of  $61,355.07 
stands  against  Edmund  Randolph. 

At  this  moment  there  is  in  the  Treasury  an  authentic  state 
ment  of  Randolph's  accounts,  showing  that  the  United  States 
has  not  only  been  paid  the  debt,  principal  and  interest,  and  given 
quittance  therefor,  but  beyond  that  is  in  pocket  $7,716.21. 

This  recent  representation  of  Randolph  as  a  defaulter  is  the 
result  of  a  financial  myth,  which  would  be  amusing  did  it  not  in 
volve  the  reputation  of  a  man  who  stripped  himself  of  all  he  pos 
sessed  to  bequeathe  this  full  quittance  to  his  family. 

In  his  resignation,  19  Aug.  1795,  Randolph  said  to  the  Presi 
dent  :  "  Immediately  upon  leaving  your  house  this  morning,  I 
went  to  the  office  for  the  department  of  State,  where  I  directed 
the  room  in  which  I  usually  sat  to  be  locked  up,  and  the  key  to 
remain  with  the  messenger.  My  object  in  this  was  to  let  all  the 
papers  rest  as  they  stood."  This  was  not  the  course  of  a  man 
conscious  of  any  default  in  his  accounts.  Nor  could  one  aware  of 
such  peril  have  offered  his  slaves  freedom.  When,  however,  Col. 
Pickering,  his  accuser,  stepped  into  his  official  shoes,  a  heavy  ac 
count  was  run  up  against  Randolph, — of  $49,154.89  for  "  moneys 
placed  in  his  hands  to  defray  the  expenses  of  foreign  intercourse." 
Under  the  system  of  that  time,  abandoned  at  the  beginning  of 
the  present  century,  the  Secretary  of  State  personally  disbursed 

370 


RANDOLPH  PURSUED.  3/1 

the  funds  provided  for  diplomatic  and  consular  service.  If  the 
money  were  captured  by  a  cruiser,  or  lost  by  a  broken  bank,  he 
was  responsible.  Several  losses  of  that  kind  occurred  in  Ran 
dolph's  case  ;  in  one  instance  $9,000  were  lost  by  the  failure  of 
an  Amsterdam  bank.  But  the  amount  made  out  by  Col.  Picker 
ing  was  incredible.  Randolph  and  his  friends  had  no  doubt  that 
it  was  part  of  the  plan  to  ruin  him.  Wilson  Gary  Nicholas,  writ 
ing  to  Col.  Breckenridge,  says  : 

"  I  was  his  [Randolph's]  agent  in  this  country  and  knew  more  of 
his  affairs  than  any  other  person  did.  I  cannot  conceive  any  possible 
way  in  which  he  could  have  disposed  of  it  [the  money],  as,  to  my  cer 
tain  knowledge  he  must  have  received  from  other  sources  at  least  $50,- 
ooo  during  his  being  in  the  service  of  the  U.  S.;  which  is  a  sum  fully 
equal  to  cover  all  his  expenses,  and  payments  that  came  within  my 
knowledge  during  his  absence  from  the  State." 

He  adds  that  he  loaned  Randolph  ^2,000  (Virginia  currency) 
to  enable  the  family  to  return  to  Virginia,  after  his  resignation. 

Thomas  Jefferson  Randolph  states  that  his  grandfather  (Jef 
ferson)  "  was  perfectly  satisfied  that  he  [Randolph]  had  been 
robbed  by  his  clerks."  "  From  his  [Jefferson's]  intimacy  with 
him  he  was  satisfied  that  he  could  not  have  himself  used  the 
money  without  his  knowledge,  for  he  was  the  whole  time 
straitened  in  his  pecuniary  matters." 

It  came  upon  Randolph  like  a  thunderbolt.  He  met  the 
charge  with  an  affidavit  pointing  out  that  $800,000  had  been 
charged  against  him  to  be  expended  for  the  captives  in  Algiers, 
"  of  which  he  never  touched  a  shilling,  the  whole  thing  being 
conducted,  managed,  and  applied  under  the  direction  of  Oliver 
Wolcott,  Secretary  of  the  Treasury."  He  complains  that  im 
pediments  were  thrown  in  the  way  of  his  settling  his  accounts  in 
Washington,  through  malice;  that  his  letters  were  unanswered; 
and  he  "  defies  the  malice  of  certain  persons  he  can  name,  being 
ready  to  meet  them  and  their  efforts." 


372  EDMUND  RANDOLPH. 

Why  President  Jefferson,  convinced  that  the  account  was 
fraudulent,  and  Madison,  his  Secretary  of  State,  did  not  secure 
an  investigation  for  Randolph,  seems  inexplicable.  Here  are 
letters  showing  Randolph  then  attending  to  Jefferson's  private 
business,  but  no  suggestion  of  help  in  the  matter  weighing  that 
wronged  man  to  the  earth.  The  accounts  had  been  made  up  by 
Randolph's  avowed  enemies,  presiding  over  the  Treasury  and 
State  Departments ;  both  of  these  had  been  accused  of  malversa 
tion  in  office,  and  Pickering  charged  with  a  larger  defalcation 
than  he  had  summed  up  against  Randolph.  Yet  with  all  of  these 
facts  nobody  came  to  the  rescue  except  his  brother-in-law,  Wilson 
Gary  Nicholas. 

No  man  ever  rendered  greater  service  to  another  than  this 
noble  Nicholas  did  to  Randolph.  He  set  himself  to  investigate 
Randolph's  resources,  in  case  the  suit  should  go  against  him. 
The  business  letters  which  passed  between  them  are  touched  with 
pathos.  "  After  a  strict  review  of  my  life,"  writes  Randolph  (o/ 
Nov.  1801),  "  I  find  my  heart  unpolluted  by  anything  which  is 
flagitious.  Those  who  know  my  fortune  and  income,  and  ex 
emption  from  expensive  vices  at  least,  will  ask,  what  can  he  have 
done  with  the  money  now  demanded  of  him  ?  What  I  have  in 
money  claims  I  can  account  for,  and  trace  to  the  best  of  all 
resources,  the  independent  labours  of  my  own  hands."  (Here  fol 
low  the  details,  showing  ;£  14,200  Virginia  currency.)  "  My  lands 
and  negroes  did  not  come  from  speculation.  I  have  stated  these 
things  to  you  that  you  may  see  my  situation,  and  what  funds  can 
be  brought  to  bear  upon  any  necessary  occasion." 

The  suit  had  been  brought  in  the  U.  S.  Circuit  Court  at  Rich 
mond,  5  June  1797.  Randolph's  plea  was  non  assumpsit.  There 
were  two  trials,  in  which  the  jurors  could  not  agree  ;  the  case 
lingered  on  until  1802.  Then  from  Secretary  Gallatin  came  a 
report  mentioning  Randolph's  case  as  an  instance  of  the  difficulty 
the  United  States  had  in  obtaining  its  dues.  (This  under  the 


LOADED  DICE.  373 

eye  of  a  President  who  was  "persuaded  that  Randolph  was 
robbed ! ")  Randolph  was  so  stung  that  he  wrote  to  Gallatin, 
stating  the  general  belief  that  no  jury  could  be  obtained  in  Rich 
mond  without  a  formed  opinion.  "  Delay  is  so  far  from  being 
an  object  or  wish  with  me,  that  I  am  resolved,  by  some  means  or 
other,  to  close  the  business,  and  free  myself  from  my  painful  pre 
dicament.  For  this  purpose  I  submit  to  you  the  following 
propositions :  For  the  security  of  the  United  States  I  will  imme 
diately  pledge  property  of  abundant  value ;  and  I  will  either  sub 
mit  to  the  award  of  two  intelligent  and  impartial  arbitrators, 
chosen  by  yourself  ,  or  their  umpire  ;  or  I  will  even  go  to  Washing 
ton  and  abide  by  the  decision  of  the  auditor,  [by  an  arbitrator.]  " 

This  letter  is  among  the  papers  of  Wilson  Gary  Nicholas,  and 
the  three  bracketed  words  are  in  his  handwriting.  Nothing  could 
more  certainly  prove  Randolph's  confidence  in  his  case  than  this 
proposition.  His  confidence  was  not  justified.  The  government's 
idea  of  an  "  impartial "  arbitrator  was  its  own  Comptroller 
of  the  Treasury,  Gabriel  Duvall.  He  was  selected  in  face 
of  Randolph's  complaint,  in  the  very  letter  proposing  ar 
bitration,  that  this  Comptroller  had  declined  to  answer  his 
letters.  The  Comptroller's  award  was  against  Randolph  for  $53,- 
162.89  (interest  having  swelled  Pickering's  bill  to  this),  to  bear 
interest  from  date  of  judgment,  24  Nov.  1804. 

Randolph  realized  his  folly  too  late.  He  had  rashly  left  his 
papers  in  the  State  Department  to  the  manipulation  of  an 
enemy ;  he  had  now  rashly  submitted  his  controversy  with  the 
United  States  to  the  arbitration  of  his  antagonist.  But  no 
complaint  escaped  him.  He  had  played  against  loaded  dice,  and 
lost.  Nicholas  explored  his  brother-in-law's  possessions,  and  re 
ported  that,  time  being  given,  the  debt  could  be  paid.  He  was 
presently  able  to  report  that  the  United  States  had  agreed  to 
accept  himself  (Nicholas)  in  the  place  of  Randolph,  under  con 
tract  to  discharge  the  judgment  in  four  annual  instalments  of 


374  EDMUND  RANDOLPH. 

$13,290.72  each.  Randolph  having  made  over  all  his  estates, 
money,  and  negroes  to  Nicholas,  the  debt  was  covered  by  bonds 
to  the  value  of  $56,534.13,  which  were  punctually  paid.  The 
correspondence  between  Randolph  and  Nicholas  on  the  matter 
is  in  my  possession.  Randolph's  heart  overflows  with  gratitude 
for  the  balm  brought  to  him  and  his  family  by  the  best  of 
brothers. 

The  engagement  was  punctually  fulfilled ;  the  instalments 
were  paid  ;  and  so  far  as  Randolph  and  Nicholas  were  concerned, 
the  whole  debt  was  settled  I  Jan.  1810. 

The  interest  for  which  the  judgment  called  amounted  to  $11,- 
491.32,  But  the  government  had  received  bonds  exceeding  the 
original  debt  by  $9,371.24;  and  the  bonds  bore  interest  sufficient 
to  secure  the  $2,120.08  of  remaining  interest.  Randolph  died  in 
1813  and  Nicholas  in  1820,  undisturbed  by  any  suggestion  of 
further  claim  from  the  United  States. 

By  29  Nov.  1821  the  bonds  had  brought  the  Treasury  $42,- 
031.12;  by  17  Aug.  1824,  $44,217.76.  The  Auditors  continued 
keeping  account  of  sums  which  the  government  was  realizing  on 
its  bargain  with  Nicholas,  "in  discharge  of  the  judgment";  and 
doubly  closed  with  Randolph,  for  whom  the  government  had 
accepted  Nicholas.  Unfortunately,  however,  the  name  of  Ran 
dolph  continued  in  the  account  on  the  Treasury  books.  The  early 
history  of  the  case  was  lost ;  the  clerks  seem  not  to  have  known 
that  Randolph  was  dead  ;  and  out  of  this  mere  survival  of  his 
name  in  the  account  grew  an  onomatopoetic  myth  represented 
in  the  fictitious  debt  ascribed  to  Randolph  by  the  Register  in 
1887. 

In  1824  it  was  discovered  that  two  of  the  Nicholas  bonds  had 
not  realized  their  valuation,  and  the  government  claimed  a  lien  on 
lands  once  owned  by  that  gentleman  for  $6,273.99.  [Unfairly: 
the  government  had  accepted  bonds  largely  in  excess  of  the 
original  debt,  for  better  or  worse ;  now  that  in  the  end  they  have 


THE  DARLING  DEBT.  37$ 

proved  better,  the  government  would  hardly  recognize  a  claim 
from  the  heirs  of  Nicholas.]  The  owners  of  the  estates,  to  avoid 
litigation,  paid  the  $6,273.99,  on  condition  of  a  full  discharge  of 
the  alleged  lien  of  the  United  States.  The  money  was  paid,, 
25  March  1825,  and  the  "full  discharge"  of  the  whole  debt 
signed  by  Richard  Rush,  Secretary  of  the  Treasury. 

But  it  is  hard  to  lay  a  phantom  once  summoned.  The  U.  S~ 
District  Attorney  in  Virginia,  Stanard,  by  calling  Nicholas  from 
his  grave,  and  holding  him  responsible  for  the  shortage  of  certain 
bonds,  created  an  impression  in  the  Treasury  that  the  man  was 
still  in  running  account  with  the  United  States.  So,  despite  his 
death  and  double  release,  Somebody  in  the  Treasury,  ignoring  the 
bond-payments  of  1807-10,  figured  up  the  actual  cash  receipts, 
and  found  them  short  of  the  original  debt  and  interest  by 
$8,955.13  ;  and  this  mysterious  Somebody  pencilled  on  the  Sec 
retary's  "  full  discharge  "  the  words — "  Balance  due  from  him, — 
$8,955.13."  By  subtracting  from  this  the  sum  paid  for  the  "full 
discharge, — expenses  deducted,  $6,075.12, — there  was  left  $2,880,- 
01.  The  "  Randolph  debt"  had  become  a  pet  in  the  Treasury, 
and  here  was  a  snug  balance  for  its  new  departure. 

But  the  darling  debt  was  again  threatened.  Some  Nicholas 
lands  brought  the  government  (1834)  $6,664.12  in  excess  of  their 
bonds.  And  now  Somebody  else  in  the  Treasury  considered  that 
if  Nicholas  was  debited  when  his  bonds  fell  short,  he  ought  to- 
be  credited  when  they  exceeded.  So  this  unsophisticated  Regis 
ter,  deducting  the  $2,880.01,  from  the  $6,664.12,  estimated  a 
"  balance  due  him  $3,784.11." 

But  this  would  never  do.  Within  twenty-five  days  of  this  Reg 
ister's  certificate,  of  a  "  balance  due  him  "  a  Comptroller's  certifi 
cate  made  Randolph  debtor  to  the  United  States  in  the  amount 
now  standing  against  him,  $61,355.07  ! 

This  financial  feat  was  ingeniously  achieved.  The  Nicholas 
lands,  which  exceeded  the  value  of  their  bonds,  had  been  bid  in 


EDMUND   RANDOLPH. 

(1830)  by  the  government  for  $3,950;  and  sold  (1833)  f°r  $IO»- 
596.92.  Our  new  accountant  in  the  Treasury,  finding  "  Ran 
dolph  "  credited,  on  this  gain,  with  $6,654.12,  debited  him  with 
the  same  amount.  Then  he  credited  "  Randolph "  with  the 
$3,950,  for  which  the  lands  were  bid  in.  Even  this  set-off  against 
the  $2,880.01  left  the  "  balance  due  him"  $1,069.99.  But  this 
intolerable  result  was  escaped,  and  the  debt  made  eternal,  by  the 
facile  stroke  of  charging  "  Randolph  "  with  interest  on  the  whole 
judgment  debt,  from  24  Nov.  1804  to  22  Oct.  1834!  This,  after 
deducting  the  "  balance  due  him,"  created  the  default  recently 
laid  before  Congress,  of  $61,355.07.  Why  the  Treasury  did  not 
add  cumulative  interest  down  to  1887  is  not  explained. 

In  1856  Solicitor  Streeter,  of  the  Treasury,  called  Secretary 
Guthrie's  attention  to  these  enormities.  The  Secretary  directed 
the  First  Auditor  (T.  L.  Smith)  to  revise  the  account  in  accord 
ance  with  the  facts  shown  by  the  Solicitor.  Of  that  order  of  the 
Secretary  of  the  Treasury,  dated  28  April  1856,  #0  notice  whatever 
has  been  taken,  officially,  to  this  day.  In  consequence  of  this  neg 
lect,  an  executive  document  has  just  been  distributed,  adding 
another  to  the  libels  on  a  statesman  whose  life  was  one  of  sacri 
fices  for  his  country. 

Since  the  publication  of  the  libel  the  documents  connected 
with  this  fictitious  debt,  though  at  first  reported  non-existent, 
have  successively  rewarded  my  siege  at  the  Treasury.  An  emi 
nent  financier  and  accountant  has  done  just  what  Secretary 
Guthrie  ordered  the  First  Auditor  to  do  in  1856.  His  work — 
which,  with  all  documents  herein  mentioned,  I  am  prepared 
to  produce — shows  that,  on  25  March  1825,  when  Secretary  Rush 
wrote  the  full  discharge,  the  account  was  balanced  without  a  dif 
ference  of  one  cent.  It  is  also  shown  that  for  a  debt  of  $53,162.- 
89,  the  United  States  has  received  in  cash  $60,879.10.  The  gov 
ernment  is  in  pocket  $7,716.21.  But  whether  the  government 
lost  or  gained,  has  nothing  to  do  with  either  Randolph,  for  whom  it 


A    WRONG   UNREDRESSED. 


377 


accepted  Nicholas,  or  Nicholas,  whose  bonds,  good  for  more  than 
the  debt,  it  agreed  to  accept  in  discharge  of  the  judgment.  The 
default,  if  any,  is  that  of  the  government  in  forcing  from  the 
owners  of  Nicholas  lands  in  Virginia,  by  threats  of  prosecution, 
$6,273.99.  All  the  accounts  since  1810,  when  the  government 
accepted  the  bonds,  have  been  foreign  to  the  Nicholas  settle 
ment.  The  continuance  of  Randolph's  name  on  the  Treasury 
books  misled  blundering  accountants  into  the  notion  that  the 
government,  in  realizing  its  bonds,  was  pursuing  an  individual. 
The  scores  of  mortgages  were  personified  as  "  Randolph."  Aided 
by  incredible  mistakes,  the  myth,  despite  Guthrie's  effort  to  arrest 
it,  grew  to  its  present  proportions.  Randolph  who,  at  cost  of  all 
his  possessions,  overpaid  a  government  claim  in  itself  scandalous, 
is,  by  a  trick  of  words,  impaled  on  the  pen  of  a  blundering  Regis 
ter  as  a  defaulter.  These  facts  are  known  and  admitted  in  the 
Treasury,  but  the  wrong  remains  unredressed. 


CHAPTER   XXXVII. 

A  LAST  TRIBUTE  TO   WASHINGTON. 

RANDOLPH'S  son,  in  a  letter  to  his  wife,  30  Aug.  1808, 
says :  "  My  father  looks  better  than  I  have  seen  him  for  a 
year."  The  stricken  statesman  had  found  a  congenial  task, — 
one  which  laid  many  cares  to  sleep.  He  was  writing  the  history 
of  Virginia.  A  forecast  of  the  work  in  the  Richmond  Enquirer  y 
27  Dec.  1809,  states  that  it  was  to  be  in  six  parts.  The  5th  was 
to  be  on  the  Constitution,  the  6th  on  its  effects.  These,  alas, 
have  been  lost.  A  letter  of  Randolph's  dated  at  Battletown,  Va. 
12  June  1812,  describes  his  work  as  containing  "parallels  be 
tween  the  characters  of  certain  men,  such  for  instance  as  those 
between  General  Washington  and  Mr.  Jefferson,  President  Madi 
son  and  General  Hamilton,  George  Mason  and  John  Dickinson, 
Benjamin  Franklin  and  John  Jay,  Patrick  Henry  and  Richard 
Henry  Lee."  *  In  the  fragment  discovered  in  Staunton  about 
1860,  and  preserved  in  the  Virginia  Historical  Society,  there  is 
something  concerning  these  men,  but  nothing  answering  to 
the  above  description.2 

In  a  letter  of  2  July  1810  to  Judge  Bushrod  Washington,  Ran 
dolph  says :  "  My  life  will,  I  hope,  be  sufficiently  extended  for 
the  recording  of  my  sincere  opinion  of  his  [Gen.  Washing 
ton's]  virtues  and  merit,  in  a  style  which  is  not  the  result  of  a 

1  Gratz  Collection. 

2  The  fragment  has  been  ignorantly  transcribed,  and  in  its  use  I  have  not  felt 
bound  to  follow  the  punctuation  and  clerical  errors. 

378 


WASHINGTON'S    YOUTH.  379 

mind  merely  debilitated  by  misfortune,  but  of  that  Christian 
philosophy  on  which  alone  I  depend  for  inward  tranquillity."  In 
the  preface  to  tThis  MS.  history  he  says :  "  I  rejoice  that  I  have 
lived  to  do  justice  to  the  character  of  Washington."  An  estimate 
of  Washington  by  one  so  long  intimate  with  him  would  be 
invaluable.  Although  this  MS.  contains  nothing  relating  to 
Washington's  political  career,  Randolph's  desire  to  bequeathe 
a  true  portrait  of  the  man  has  not  been  entirely  foiled  by  time 
and  fate. 

"At  the  beginning  of  the  year  1774  [he  writes]  some  others  were 
more  prominent  [than  Washington].  It  could  not  have  been  then 
truly  foretold  that  those  germs  of  solid  worth  which  afterwards  over 
spread  our  land  with  illustrious  fruit,  would  elevate  him  very  far  above 
many  of  the  friends  of  the  revolution.  His  youth  had  developed  no 
flattering  symptom  of  what  the  world  calls  genius ;  but  he  had  been 
conspicuous  for  firmness,  for  a  judgment  which  discriminated  the 
materials  gathered  by  others  of  quicker  and  more  fertile  invention, 
and  for  a  prudence  which  no  frivolousness  had  ever  chequered.  He 
possessed  a  fund  of  qualities  which  had  no  specific  direction  to  any 
particular  calling,  but  were  instruments  for  any  crisis.  By  nature, 
by  his  attention  to  agriculture,  an  exposure  of  himself  in  the  chase, 
and  his  occupation  of  a  surveyor  of  land,  he  was  remarkably  robust 
and  athletic.  It  had  been  the  lot  of  Washington,  at  the  age  of  nine 
teen,  as  the  sequel  to  his  history  when  resumed  will  show  him  to  have 
been  at  the  most  vigorous  era  of  his  life,  the  only  man  whose  total 
fitness  pointed  him  out  for  a  mission  that  first  introduced  him  to 
public  notice.  When  France  had  made  some  progress  in  the  comple 
tion  of  a  scheme  to  surround  the  British  colonies  by  a  line  of  posts 
from  the  lakes  to  the  river  Ohio,  the  governor  of  Virginia  had  resolved 
to  remonstrate  against  the  encroachments,  and  to  demand  their  removal. 
The  very  journey  through  a  wilderness  without  a  track  opened  by  civ 
ilized  man,  and  infested  by  Indians  not  friendly  to  the  English,  was 
truly  formidable  from  its  danger  and  fatigues.  But  the  grandeur  of 
the  enterprize  animated  Washington  to  commence  it  on  the  very  day 
of  receiving  his  commission  and  instructions.  Among  the  lovers  of 
ease,  and  those  who  in  the  lap  of  luxury  regarded  the  territory  as 
doomed  to  perpetual  savage  rudeness,  Washington  was  mentioned  as 
an  adventurer,  meritorious  indeed,  but  below  competition  or  err-y. 


380  EDMUND  RANDOLPH. 

In  the  hands  of  Washington  the  expedition  did  not  droop  ;  in  the 
hands  of  any  other  it  would  probably  have  perished.  With  what  ap 
plause  he  performed  his  errand  of  defiance  is  recorded  by  his  country  : 
and  in  the  journal  which,  on  short  notice,  he  composed, — the  publica 
tion  of  which  his  modesty  induced  him  to  desire  withheld, — he  evi 
denced  a  perspicuity  and  skill  in  composition  which  diffused  a  rever 
ence  for  his  powers  of  varied  utility.  It  was  impossible  to  peruse  it 
without  emotion.  The  quickness  of  his  movements  ;  the  patience  with 
which  he  encountered  the  inclemencies  of  the  weather ;  the  military 
acuteness  with  which  he  surveyed  the  lands  in  the  fork  of  the  Monon- 
gahela  and  Ohio,  where  Pittsburg  has  been  since  erected,  and  compared 
that  site  with  "  Hog's-loan  " ;  his  accuracy  in  the  computation  of  dis 
tances  :  his  success  in  the  acquirement  of  the  intelligence  to  be  pro 
cured  ;  his  management  in  obtaining  secret  interviews  with  the  half- 
king  ;  his  discernment  in  ascertaining  when  to  yield,  and  when  to 
resist  importunity  ;  his  escape  from  French  snares  ;  his  treasuring  up 
the  imprudent  discoveries  made  by  the  French  officers  ;  his  concilia 
tion  of  respect  from  those  who  were  hostile  to  his  business  ;  his  ob 
servance  of  all  attention  towards  even  savage  princes,  whose  favor 
might  be  beneficial  to  his  country  ;  and  the  anxiety  which  pervaded 
his  whole  journey,  to  do  his  duty  in  everything  ;  all  these  traits,  when 
brought  together,  gave  reason  for  the  anticipation  that  no  trial  could 
exhaust  such  a  fund  of  qualities,  but  that  they  would  supply  every 
call. 

"  Being  a  member  of  the  house  of  burgesses,  after  his  return  from 
the  Ohio,  the  speaker  was  charged  to  express  to  him  the  thanks  of  that 
body.  That  officer,  by  the  august  solemnity  of  his  manners,  would 
probably  have  embarrassed  most  men  in  their  attempt  to  reply  to  the 
compliments  with  which  he  covered  Mr.  Washington.  While  they 
soothed,  they  awed  him.  When  the  address  from  the  chair  was  con 
cluded  he  could  not  articulate  without  difficulty.  This  being  perceived 
by  Mr.  Robinson,  he  did  honor  to  himself,  and  relieved  Mr.  Washing 
ton,  by  crying  out  at  the  instant,  '  Sit  down  Mr.  Washington.  Your 
modesty  is  equal  to  your  merit,  in  the  description  of  which  words  must 
fall  short/ 

"  Of  a  regiment,  raised  for  the  defence  of  the  frontiers,  the  com 
mand  had  been  given  to  a  Mr.  Fry,  and  Mr.  Washington  had  been 
appointed  lieutenant  colonel.  Upon  the  death  of  Mr.  Fry,  Mr.  Wash 
ington  succeeded  to  the  command,  and  was  unfortunate  at  the  Great 
Meadows  ;  but  it  is  remarkable,  that  in  no  adversity  had  his  honor  as 


WASHINGTON'S  PATRIOTISM.  381 

a  soldier  or  a  man  been  ever  stained.  He  was  himself  a  pattern  of 
subordination  ;  for  when  orders  of  the  most  preposterous  and  destruc 
tive  nature  were  given  to  him,  he  remonstrated,  indeed,  but  began  to 
execute  them  as  far  as  was  in  his  power.  A  new  arrangement  of  rank, 
which  humiliated  the  provincial  officers  of  the  highest  grade  to  the 
command  of  the  lowest  commissioned  officer  of  the  crown,  rendered 
his  continuance  in  the  regiment  too  harsh  to  be  endured.  He  retired  to 
Mount  Vernon,  which  his  brother  by  the  paternal  side,  passing  by  his 
own  full  blood,  had  bequeathed  to  him.  His  economy,  without  which 
virtue  itself  is  always  in  hazard,  afforded  nutriment  to  his  character. 
But  he  did  not  long  indulge  himself  in  the  occupation  of  his  farm. 
General  Braddock,  who  had  been  sent  by  the  Duke  of  Cumberland, 
the  commander  in  chief,  to  head  the  forces  employed  against  the  Indi 
ans  and  French,  invited  him  into  his  family  as  a  volunteer  aide-de 
camp.  The  fate  of  that  brave  but  rash  general,  who  had  been  taught 
a  system  unpliant  to  all  reasoning  which  could  accommodate  itself  to 
local  circumstances  and  exceptions,  might  have  been  averted  if  Wash 
ington's  advice  had  been  received.  As  it  was,  he,  in  his  debilitated 
state,  could  accomplish  nothing  more  than  by  his  own  valor  to  lead 
from  the  field  of  slaughter  into  security  the  remains  of  the  British 
army.  Washington  was  now  no  longer  forbidden  by  any  rule  of  honor 
to  accept  the  command  of  a  new  regiment,  raised  by  Virginia.  In  his 
intercourse  with  Braddock,  and  his  first  and  second  military  offices,  he 
continued  to  add  to  the  inferences  from  the  whole  of  his  former  con 
duct  instances  of  vigilance,  courage,  comprehensiveness  of  purpose, 
and  delicacy  of  feeling  ;  and,  in  the  enthusiastic  language  of  a  Presby 
terian  minister,  he  was  announced  a  hero  born  to  be  the  future  saviour 
of  his  country. 

"  It  was  the  custom  of  the  king  to  enrol  in  the  council  of  state  in 
Virginia  men  with  fortunes,  which  classed  them  in  the  aristocracy  of 
the  colony.  The  proprietor  of  the  Northern  Neck,  Lord  Fairfax,  had 
been  importunate  for  the  promotion  of  Col.  Washington  to  a  seat  at 
that  board,  and  he  would  have  been  gratified  long  before,  if  four  of  his 
tenants  and  one  of  his  own  name  had  not  been  already  in  the  same 
corps.  That  this  honor  awaited  him,  Col.  Washington  well  knew,  but 
the  probability  that  the  event  was  not  far  distant  could  not  abate  his 
sympathy  with  his  country's  wrongs  ;  and  he  promptly  associated  his 
name  with  every  patriotic  step  and  idea." 

In  other  parts  of  this  MS.  Washington  is  seen  casually,  and 
surrounded  by  his  famous  contemporaries.  Next  to  the  stupidity 


382  EDMUND  RANDOLPH, 

of  George  III.,  Randolph  credits  the  pen  of  Thomas  Paine  with 
having  kindled  the  spirit  of  independence.  Henry,  he  says,  was 
compared  to  St.  Paul  at  Athens,  while  he  spoke  March  23d  in 
the  church  where  the  Convention  of  1775  sat,  on  the  resolution 
that  Virginia  should  arm.  So  great  was  the  impression  that  it 
appeared  adventurous  for  any  one  even  to  second  him. 

"  After  a  few  seconds  Richard  Henry  Lee  fanned  and  refreshed 
with  a  gale  of  pleasure  ;  but  the  vessel  of  the  revolution  was  still  un 
der  the  impulse  of  the  tempest  which  Henry  had  created.  Artificial 
oratory  fell  in  copious  streams  from  the  mouth  of  Lee,  and  rules  of 
persuasion  accomplished  everything  which  rules  could  effect.  If  ele 
gance  had  been  personified,  the  person  of  Lee  would  have  been 
chosen.  But  Henry  trampled  upon  rules,  and  yet  triumphed,  at  this 
time  perhaps  beyond  his  own  expectation.  Jefferson  was  not  silent. 
He  argued  closely,  profoundly,  and  warmly  on  the  same  side.  The 
post  in  the  revolutionary  debate  belonging  to  him,  was  that  at  which 
the  theories  of  republicanism  were  deposited.  Washington  was  promi 
nent,  though  silent.  His  looks  bespoke  a  mind  absorbed  in  medita 
tion  on  his  country's  fate  ;  but  a  positive  concert  between  him  and 
Henry  could  not  more  effectually  have  exhibited  him  to  view,  than 
when  Henry  ridiculed  the  idea  of  peace  *  when  there  was  no  peace  * 
and  enlarged  on  the  duty  of  preparing  for  war.  The  generous  and 
noble  minded  Thomas  Nelson,  who  now  for  the  first  time  took  a  more 
than  common  part  in  a  great  discussion,  convulsed  the  moderate  by  an 
ardent  exclamation, — in  which  he  called  God  to  witness,  that  if  any 
British  troops  should  be  landed  within  the  county  of  which  he  was  the 
lieutenant,  he  would  wait  for  no  orders,  and  would  obey  none  which 
should  forbid  him  to  summon  his  militia  and  repel  the  invaders  at  the 
water  edge." 

Randolph  speaks  of  Lafayette  as  having  learned  "  from 
Washington  how  to  conciliate  friends  among  the  militia,  and  to 
place  in  the  registers  of  public  safety,  necessity,  and  justice,  every 
act  which  savoured  of  severity."  He  also  says  :  "  Washington's 
anxiety  seems  to  have  been  constantly  on  the  watch,  and  daily 
employed  in  admonishing  Lafayette  lest  Cornwallis  should  escape 
from  Virginia.  In  York  therefore  he  was  invested,  and  the  ele 
ments  defeated  his  only  attempt  to  escape." 


LOYAL    TO    THE  LAST.  383 

This  patriotic  jealousy  for  Washington's  credit,  considering 
what  the  writer  had  suffered  from  his  chieftain,  may  be  read  be 
side  the  contemptuous  pages  of  his  accuser  (Pickering)  concern 
ing  the  military  career  of  Washington.  In  none  of  the  passages 
concerning  Washington  does  any  memory  of  personal  wrong 
cause  the  historian's  hand  to  tremble.  "  We  live  too  near  the 
time  of  certain  occurrences,"  he  writes  to  a  friend,  in  reference  to 
this  history ;  "  while  caution  is  not  to  be  abandoned,  and  im 
proper  irritation  ought  to  be  avoided,  truth  must  prevail."  In 
himself  it  prevailed  over  all  sense  of  injustice.  This  tribute  was 
not  written  with  any  conceivable  aim  but  that  of  truth.  Wash 
ington  had  long  been  in  his  grave,  and  Randolph  was  forever  out 
of  the  political  arena.  Even  with  the  loss  of  his  main  study  of 
Washington's  character,  we  may  see  in  the  passages  which  remain 
a  calm  and  true  judgment.  His  pen  leaves  us  as  lineaments  of 
Washington  the  "  mind  absorbed  in  his  country's  fate  "  ;  the  pa 
triot  who  "  placed  in  the  registers  of  public  safety,  necessity,  and 
justice,  every  act  which  savoured  of  severity."  To  such  absorp 
tion,  too  deep  for  nice  regard  of  friendship  or  justice  when  in  ap 
parent  conflict  with  public  safety,  Randolph  forgave  his  own  great 
injury.  He  forgave  it  even  though  the  wrong  to  himself  proved 
one  to  the  nation  also.  For  when  his  tribute  to  Washington  was 
finished  the  surrender  to  British  impressment,  search  and  seizure, 
in  1795,  had  reached  its  sequel  in  the  war  of  1812. 


CHAPTER   XXXVIII. 

THE  BRAVE   HEART  BROKEN. 

WHEN  Edmund  Randolph  resigned  office  and  returned  to 
Virginia  it  was  passing  from  poverty  to  wealth.  He  had  indeed 
to  borrow  money  from  his  brother-in-law,  W.  C.  Nicholas,  to 
move  to  Richmond  ;  but  he  owned  some  seven  thousand  acres  of 
land,  several  houses,  and  near  two  hundred  negroes.  The  slaves 
had  long  been  an  incumbrance  on  account  of  his  refusal  to  sell 
their  increase,  and  his  inability,  while  at  Philadelphia,  to  hire 
them  properly.  But  there  was  every  prospect  of  increased  hap 
piness  for  the  family  when  the  statesman  returned  to  his  people, 
and  fixed  himself  at  Spring  Farm,  near  Richmond.1  Mrs.  Ran 
dolph's  health  improved  after  her  husband's  release  from  politi 
cal  responsibilities.  There  is  a  cheerful  note  about  the  following, 
written  to  his  son  (aged  seventeen),  then  a  student  of  William  and 

Mary  College : 

"  RICHMOND,  27  Sept.  1796. 

"  MY  DEAR  SON  : — The  books  which  I  intended  for  you  will  not,  I 
fear,  reach  you  before  it  is  time  for  you  to  revisit  this  place.  If  this 
should  be  the  case  I  entreat  you  to  perfect  yourself  with  accuracy  in 
those  things  which  you  have  passed  over.  Arithmetic  is  my  idol  ;  be 
cause  it  is  the  best  instrument  of  prudence,  without  which  human  life 

1  Randolph  had  one  son,  Peyton,  author  of  six  volumes  of  Reports  of  the  Court 
of  Appeals  of  Virginia,  of  which  he  was  clerk.  He  was  in  his  sixteenth  year  when 
his  father's  troubles  occurred.  He  married  (1806)  the  celebrated  beauty,  Maria 
Ward,  at  one  time  betrothed  to  John  Randolph,  of  Roanoke.  Edmund  Randolph 
had  three  daughters — Susan  Beverley,  who  married  Bennett  Taylor,  an  eminent  ju 
rist  ;  Edmonia  Madison,  who  married  Major  Thomas  Lewis  Preston,  distinguished  in 
the  Virginia  Assembly  and  in  the  War  of  1812  ;  and  Lucy  Nelson,  who  married  Pe 
ter  Vivian  Daniel,  of  Stafford  County,  Va.,  Justice  of  the  U.  S.  Supreme  Court. 

384 


AT  THE  BAR.  38$ 

is  the  sport  of  the  winds.  I  know  that  on  the  score  of  vanity  you  are 
unassailable  ;  otherwise  I  would  not  so  frankly  say  to  you,  as  I  now  do, 
that  I  see  no  boy  with  better  prospects  before  him.  Those  prospects 
consist  in  a  good  heart,  and  a  good  head — which  is  not  led  astray  by 
trifles.  This  is  a  proof  that  you  have  escaped  the  first  rock  which  lies 
in  wait  for  youth.  The  next  is  pleasure  :  I  mean  that  which  is  called 
pleasure  by  the  sensual  and  debased.  It  is  supposed  to  be  found  in 
gaming,  drinking,  etc.;  and  every  man  has  been  deceived  to  his  de 
struction  who  expected  to  find  it  in  any  of  them.  While  I  am  speak 
ing  thus  I  upbraid  myself  for  suffering  my  business  to  prevent  me  from 
fulfilling  my  promise  to  write  to  you  by  the  last  post, — lest  you  should 
think  that  anything  can  dispense  with  what  a  man  says  that  he  will  do. 
Should  you  want  any  more  literary  food  before  you  come  down  bend 
yourself  to  Morse's  geography." 

Even  Pickering's  astounding  bill  could  not  prostrate  Ran 
dolph.  He  had  no  doubt  of  his  ability  to  prove  it  unjust,  and  in 
deed  it  could  never  have  succeeded  had  he  not,  in  his  over-confi 
dence,  submitted  the  whole  thing  to  the  decision  of  the  Treasury. 
His  profession  was  more  lucrative  than  ever  before,  and  more 
congenial — being  chiefly  in  the  Court  of  Appeals.  Thoroughly 
informed  in  law,  able  to  lead  and  direct  judges,  he  finds  time  for 
study  and  for  literary  work.  He  writes  to  Madison,  8  June  1801: 

"This  is  the  last  day  of  the  chancery-term  with  which  and  the 
terms  of  other  courts  I  have  been  occupied,  ever  since  the  first  day  of 
March  ;  sometimes  with  two  at  a  time,  and  always  with  an  indisposi 
tion, — from  which  I  am  just  recovering  by  the  observance  of  a  regi 
men.  This  must  be  my  apology  for  not  again  writing  to  you  earlier  ; 
but  I  shall  certainly  do  so  in  the  course  of  the  week.  The  general 
court  sits  to-morrow  ;  but  will  discharge  me  in  two  or  three  days. 
Can  you  send  me  to  Fredericksburg,  to  the  care  of  the  postmaster 
there,  Darwin's  Phytology,  and  Jefferson's  Manual,  both  of  which  are 
advertised  for  sale  in  Washington  ?  I  insist  that  the  price  be  marked 
in  each,  as  from  Fredericksburg  I  shall  remit  it." 

Among  the  interesting  cases  reported  by  Call  was  one  involv 
ing  the  estates  of  Robert  Carter  Nicholas  (Mrs.  Randolph's  father, 
who  died  in  1780),  and  all  the  connection.  This  was  gained  by 
Randolph  against  an  array  of  counsel.  The  decision,  23  Oct. 


386  EDMUND  RANDOLPH. 

1803,  was  the  last  given  by  Judge  Edmund  Pendleton.  He  died 
Oct.  31,  and,  by  request  of  the  bench  and  bar,  Randolph  delivered 
an  oration  concerning  him.  In  it  he  stated  that  the  Virginia 
Declaration  of  Independence,  15  May  1776,  "  was  drawn  by  Pen 
dleton,  was  offered  in  convention  by  Nelson,  and  was  advocated 
on  the  floor  by  Henry." 

In  this  year  the  pressure  of  business  induced  Randolph  to  fix 
his  residence  in  Richmond.  The  house  was  known  as  The  Octa 
gon  ;  it  faced  the  Capitol  Square,  and  was  pulled  down  (1887)  to 
make  way  for  the  new  City  Hall.  When,  in  1804,  the  self-consti 
tuted  "  arbitration  "  of  the  Treasury  went  against  him,  absorbing 
his  lands,  and  the  negroes  hitherto  so  tenderly  guarded  from  sale 
and  separation,  the  household  encountered  the  storm  with  hero 
ism.  The  debt  was  paid,  and  presently  forgotten.  Law 
students  were  eager  to  avail  themselves  of  his  instruction. 
Among  these  was  Peter  Vivian  Daniel,  afterwards  Justice  of  the 
U.  S.  Supreme  Court,  who  married  Randolph's  daughter,  and 
with  her  long  resided  at  Spring  Farm,  which  he  purchased  from 
Randolph.  I  have  before  me  Randolph's  settlement  on  her,  as 
a  marriage  portion,  of  the  old  furniture  and  fine  silver  plate  still 
preserved  in  the  family. 

On  the  15  March  1806  Randolph  wrote  the  following  note  to 
Maria  Ward,  on  the  occasion  of  her  marriage  with  his  son  : 

"  MY  DEAR  MARIA  : — I  fear  that  I  ought  not  to  hazard  my  health 
by  a  journey  to  the  Hermitage  to-morrow,  even  for  the  opportunity  of 
showing  by  my  presence  how  sincerely  I  expect  the  happiness  of  my 
beloved  son  from  the  event  of  Monday.  I  had,  indeed,  arranged  my 
business  in  the  court  which  is  now  sitting  so  as  to  justify  my  absence  to 
my  clients.  But  a  cold,  which  I  caught  about  a  week  ago,  has  been 
very  troublesome.  Let  me  therefore  entreat  your  respected  mother  to 
accept  my  most  cordial  wishes  that  the  intended  union  may  be  a  source 
of  comfort  to  the  parents,  and  of  uninterrupted  bliss  to  their  children. 
— Anticipating  the  adoption  of  you,  I  subscribe  myself,  my  dear  daugh 
ter,  as  your  affectionate  father." 


BURR'S  TRIAL.  387 

Paralysis  was  the  recognized  family  liability.  After  his  severe 
trials  Randolph  had  to  be  careful.  A  certain  physical  distress 
was  observed  during  his  arguments  at  the  trial  of  Aaron  Burr  in 
Richmond  ;  but  the  master  mind  was  still  there  to  detect  the 
weakness  of  the  net  which  Jefferson  imagined  so  strong.  Ran 
dolph  disliked  Burr,  and  had  he  been  on  trial  for  the  murder  of 
Hamilton  might  not  have  defended  him.  He  was  convinced 
that  Burr  was  merely  a  balked  filibuster,  who  had  no  idea  of 
dividing  the  Union. 

In  this  historic  trial,  Randolph  (n  June  1808)  administered 
an  artistic  castigation  to  the  President  for  proclaiming  that  there 
could  be  no  doubt  of  Burr's  guilt.  With  a  general  approval  of 
the  administration  he  reminded  it  that  the  executive  was  not  the 
judicial  department  of  the  government.  Marshall,  who  presided, 
no  doubt  relished  this.  That  which  really  overthrew  the  prose 
cution,  as  I  think,  was  Randolph's  argument  proving  that,  as 
Burr  was  admittedly  not  in  Blennerhasset's  Island,  he  could  only 
be  an  "  accessory "  to  the  alleged  "  treasonable "  assemblage 
there  ;  and  that  the  Constitution  did  not  recognize  "  accessories  " 
to  treason,  which  consists  only  in  levying  war  against  the  United 
States,  etc.  Even  in  England  no  one  had  ever  been  punished  as 
an  accessory,  save  for  an  attempt  on  the  king's  life.  There  being 
no  such  personal  idolatry  in  the  United  States,  no  corresponding 
provision  existed.  Whether  this  was  a  "  casus  omissus "  he 
declined  to  argue.  No  doubt  an  "  accessory "  was  criminal  at 
common  law,  but  the  United  States  had  no  common  law.  This 
argument  (August  21)  exhibited  Randolph's  inexhaustible 
knowledge  of  English  and  American  law,  and  well  repays 
perusal. 

It  was  probably  soon  after  Burr's  trial  that  Randolph  set  to 
work  on  his  history  of  Virginia.  For  nearly  two  years  his  life 
was  happy.  But  then,  6  March  1810,  came  a  blow  from  which 
he  could  not  recover.  His  wife  died.  Again  and  again  there 


EDMUND  RANDOLPH. 

had  been  a  struggle  between  love  and  death  for  her  life  ;  but 
now,  after  one  lasting  six  months,  death  prevailed. 

The  relation  between  Randolph  and  his  wife  had  always  been 
true  and  tender.  So  free  from  friction  had  been  the  course  of 
their  united  lives  that  his  daughters  could  not  forget  the  single 
instance  of  misunderstanding.  Mrs.  Randolph  having  related 
some  incident,  her  husband  hastily  exclaimed  :  "  That  is  mere 
gossip."  The  lady  repaired  to  her  room,  where  she  did  not 
answer  her  husband's  gentle  knock.  "  Betsey,"  says  Randolph, 
"  I  have  urgent  business  in  town,  but  I  shall  not  leave  this  house 
until  permitted  to  apologize  to  you."  The  door  opens,  and  the 
unprecedented  scene  ends.  It  was  said  that  the  lady's  courage 
and  nobility,  under  her  husband's  trials,  enhanced  her  personal 
appearance. 

After  Mrs.  Randolph's  burial  the  heart-broken  husband  wrote 
some  account  of  her,  and  of  their  married  life,  which  was  ad 
dressed  to  his  children  as  "  the  best  witnesses  of  the  truth  of 
the  brief  history." 

Some  parts  of  this  touching  paper  even  now  call  for  respectful 
reserve. 

"  The  29th  day  of  August  1776  joined  us  in  wedlock  ;  and  if  with 
out  danger  of  pollution  she  can  now  cast  one  look  into  the  history  of 
my  heart,  and  most  secret  conduct  for  more  than  thirty-three  years  of 
our  married  life,  I  make  the  solemn  appeal  to  her,  whether,  in  thought 
or  deed,  I  ever  intentionally  did  her  wrong.  I  am  fully  aware  that  I 
must  have  caused  her  some  pains,  but  in  all  those  instances  her  suffer 
ings  recoiled  upon  myself  with  tenfold  vengeance  because  I  knew  that 
she  had  felt  them.  ...  It  was  a  matter  of  astonishment  to  me  to 
meet  with  such  an  unchangeable  and  undiminished  fund  of  delicacy. 
.  .  .  Her  attention  to  personal  neatness  was  never  surprised  and 
never  stood  in  need  of  an  apology.  My  God  !  I  cannot  without  an 
emotion  of  gratitude  and  enthusiasm  remember  that  while  her  words 
of  affection  warmed  and  subdued  me,  their  heat  and  force  arose  from 
the  contemplation  of  her  chaste  soul  unfolded  in  her  divine  counte 
nance — divine  in  conveying  its  just  picture.  To  speak  of  her  as  dis- 


COMMUNION  WITH  THE  DEAD.  389 

charging  every  duty  would  be  but  a  cold  tribute  to  her  work.  Her 
understanding,  although  often  aided  by  brilliancy  of  imagination  was 
rather  of  the  serious,  reflecting,  and  solid  cast.  It  was  too  penetrating 
to  be  deceived,  although  her  love  of  harmony  with  the  world  often 
produced  in  her  an  acquiescence  which  resembled  a  contrary  convic 
tion.  But  she  explored  and  studied  my  temper,  and  anticipated  the 
means  of  gratifying  even  my  caprices.  Innumerable  were  the  instances 
in  which  I  have  returned  home  dissatisfied  with  some  of  the  scenes  of 
the  day  abroad,  and  found  an  asylum  in  her  readiness  to  partake  of 
my  difficulties  and  make  them  her  own,  or  to  divert  them  by  despising 
them.  On  these  occasions  her  features,  to  which  she  would  never 
permit  the  smallest  beauty  to  be  ascribed,  assumed  a  species  of  glory. 
.  .  .  This  peculiar  something  in  her  looks  places  her  far  beyond 
the  line  of  symmetry  of  face.  .  .  .  From  the  strength  of  parental 
example  her  attendance  on  public  worship  was  unremitted  .  .  the 
questioning  of  sacred  truths  she  never  permitted  to  herself,  nor  heard 
without  abhorrence  from  others.  When  we  were  united  I  was  a  deist, 
— made  so  by  my  confidence  in  some  whom  I  revered,  and  by  the 
labours  of  two  of  my  preceptors  who,  though  of  the  ministry,  poisoned 
me  with  books  of  infidelity.  I  cannot  answer  for  myself  that  I  should 
have  been  brought  to  examine  the  genuineness  of  holy  writ  if  I  had 
not  observed  the  consolatory  influence  which  it  brought  upon  the  life 
of  my  dearest  Betsey.  .  .  .  During  her  last  illness  she  and  I  fre 
quently  joined  in  prayer.  She  always  thanked  me  after  it  was  finished  ; 
and  it  grieved  me  to  think  that  she  should  suppose  that  this  enlivening 
inducement  was  necessary  to  excite  me  to  this  duty.  .  .  I  must 
have  been  a  brute  not  to  have  been  bound  in  soul  to  her  and  to  her 
alone.  .  .  .  She  was  sincerely  inclined  to  hospitality  but  free  from 
ostentation,  and  foretold  to  me  before  it  was  realized  that  my  facility 
in  spending  money  for  the  accommodation  of  others  would  make 
scarcely  one  friend,  and  make  enemies  in  some  whom  I  should  most 
oblige.  .  .  .  Let  the  tears  of  the  poor  who  now  lament  her  speak 
the  rest.  From  various  causes  she  visited  few  but  the  sick  and  needy 
for  many  years,  but  she  had  a  levee  of  affection.  .  .  .  My  eyes 
are  every  moment  beholding  so  many  objects  with  which  she  was  asso 
ciated  ;  I  sometimes  catch  a  sound  which  deludes  me  so  much  with 
the  similitude  of  her  voice  ;  I  carry  about  my  heart  and  hold  for  a 
daily  visit  so  many  of  her  precious  relics  ;  and,  above  all,  my  present 
situation  is  so  greatly  contrasted  by  its  vacancy,  regrets,  and  anguish, 
with  the  purest  and  unchequred  bliss,  so  far  as  it  depended  on  her, 


39°  EDMUND  RANDOLPH. 

for  many  years  of  varying  fortune,  that  I  have  vowed  at  her  grave  daily 
to  maintain  with  her  a  mental  intercourse." 


"  O  God,  whose  mercies  have  hitherto  covered  us  from  the  most 
grievous  afflictions  to  which  the  condition  of  human  life  is  exposed,  hear 
us,  we  beseech  thee,  in  this  hour  of  distress.  We  bow  with  pious  resig 
nation  to  thy  late  decree  which  tears  from  us  her  whom  we  all  loved, 
and,  so  far  as  the  gospel  suffers,  even  adored.  Pour  into  our  hearts 
the  balm  of  thy  holy  spirit ;  that,  if  this  dispensation  of  thy  providence 
was  drawn  upon  us  by  our  sins,  we  may  sincerely  repent,  and  thus 
secure  forgiveness.  Keep  her  example  ever  before  our  eyes,  that  in 
nothing  we  may  offend  against  thy  law  ;  and  by  daily  recalling  to  our 
view  those  virtues  by  which  we  believe  her  to  have  ascended  into  a 
seat  of  eternal  bliss,  we  may  become  worthy  of  being  known  to  her  at 
our  awful  change.  May  we  estimate  the  world  as  she  did,  merely  as 
affording  an  opportunity  of  performing  our  respective  duties,  of  mani 
festing  a  Christian-like  temper  and  conduct  to  all  mankind,  and  of 
preparing  ourselves  for  obtaining  that  reward  which  our  beloved 
Saviour  has  promised  to  those  who  feed  the  hungry,  clothe  the  naked, 
and  visit  the  sick.  Thou,  O  Lord,  to  whom  her  heart  was  open,  who 
knowest  it  to  be  spotless,  except  with  inseparable  human  frailty,  pro 
tect  our  family  affection  ;  that  neither  misconduct  nor  dissension  may 
make  this  agonising  event  a  source  of  disunion,  or  the  cause  of  our 
falling  off  from  each  other  ;  but  teach  us  to  consider  every  breach  of 
family  harmony  as  it  would  have  been  considered  by  her  while  living, 
an  interruption  to  that  heavenly  peace  of  soul  which  she  enjoyed." 

This  family  paper  is  dated  25  March  1810.  It  must  have  been 
near  that  date  that  Randolph,  after  visiting  his  wife's  grave, 
called  on  his  old  friend,  Dr.  Adams,  on  Church  Hill,  at  whose 
house  he  was  struck  with  paralysis. 

The  grief  and  the  stroke  must  be  fatal  which  could  keep 
Randolph  from  thinking  of  others.  Of  that  a  notable  instance 
occurs  in  the  following  letter  of  15  June  1810  to  President 
Madison : 

"  This  is  the  first  letter  which  I  have  written  since  my  convalescence, 
after  the  dreadful  attack  from  a  hemiplegia,  with  which,  by  a  kind  of 


THE  BUSY  HANDS  FOLDED.  39 1 

sympathy  with  my  poor  wife,  I  was  afflicted  in  a  few  weeks  from  her 
death.  It  happily  affected  no  faculty  of  my  mind,  and  has  not  taken 
away  the  sanguine  hope  that,  altho'  I  require  in  rough  ground  the  aid 
of  a  crutch,  I  may  be  restored  to  the  free  use  of  my  legs. 

"  I  write  now  in  reference  to  my  friend  the  Governor.  Judge 
Griffin  is  so  much  reduced  by  a  long-standing  disease,  and  seems  so 
little  able  to  resist  a  great  flux  of  blood,  which  seized  him  about  a  week 
ago,  that  I  cannot  forbear  indulging  my  friendship  for  Mr.  Tyler  by 
saying  to  you  that  he  was  long  conversant  in  the  admiralty  practice, 
and  I  have,  from  a  review  of  his  situation,  after  the  expiration  of  his 
[word  illegible],  presumed  that  it  would  be  grateful  to  him  even  now  to 
return  to  the  bench. 

"  I  have  been  urged  by  my  children  to  restrict  my  future  practice 
at  the  bar  to  a  smaller  compass  than  heretofore,  from  a  belief  that  I 
ought  to  rest  from  promiscuous  professional  labour.  To  their  advice  I 
shall  submit  and  pursue  the  gratification  of  my  literary  appetite  at  the 
loss  of  a  nattering  income.  Under  all  circumstances,  I  shall  pray  for 
your  happiness." 

Every  day  Randolph  went  on  his  crutch  to  his  wife's  grave. 
He  read  a  great  deal,  writing  comments  on  what  impressed  him. 
His  notes  show  that  he  found  comfort  in  John  Wesley's  sermons. 
But  that  was  not  enough  for  a  man  to  whom  idleness  was  a  stran 
ger.  His  depression  induced  his  son  and  daughters  to  persuade 
him  to  give  up  the  house  at  Richmond,  and  reside  in  their  homes. 
This,  indeed,  was  almost  necessary,  as  his  only  unmarried  daugh 
ter,  Lucy,  was  about  to  wed  Peter  Daniel.  To  her  the  household 
furniture  was  given,  the  library  went  to  Peyton,  and  the  father 
went  off  to  visit  the  Prestons,  at  Lexington,  Va.  There  his 
daughter  and  her  excellent  husband  did  the  utmost  to  beguile 
the  sufferer  ;  and  Randolph  did  his  best  to  recover.  "  I  have  re 
ceived  a  letter  from  my  father,"  writes  Peyton  to  his  wife,  "  who 
is  yet  in  Lexington,  occupied  in  forming  a  thousand  different  pro 
jects,  the  last  of  which  is  to  cut  off  the  top  of  his  old  chariot  and 
convert  it  into  a  single-horse  vehicle.  When  this  is  done  it  will 
puzzle  the  collective  wisdom  of  all  the  coach-makers  to  say  to 
what  denomination  it  belongs.  I  rejoice  however  that  he  is  so 


392  EDMUND  RANDOLPH. 

employed.  Whatever  abstracts  his  thoughts  from  the  painful 
subjects  which  surround  him  is  so  much  gained  to  his  happiness." 
But  Randolph,  though  he  had  recovered  from  many  blows, 
could  not  sustain  his  bereavement.  His  remnant  of  life  was 
soothed  by  the  happiness  of  his  children  ;  he  was  welcomed  in 
their  happy  homes,  and  in  those  of  his  wife's  relatives — among 
these  Carter  Hall,  where  Col.  Nathaniel  Burwell  resided.  He  was 
able  to  mitigate  the  pain  of  invalidism  by  working  on  his  history 
of  Virginia.  But  neither  skill  nor  affection,  by  which  he  was  sur 
rounded,  could  keep  him  from  gradually  sinking  out  of  life.  The 
last  paper  of  his  which  I  find  is  a  personal  and  pathetic  prayer, — 
the  communion  of  a  great  heart  passing  from  a  "  tempestuous 
review  "  of  painful  experiences  to  eternal  calm, — within  the  closet, 
whose  door  had  best  not  be  opened. 

In  an  old  churchyard  at  Millwood,  Clarke  Co.,  Va.,  a  tomb,  set 
there  in  1859,  ^7  Dr.  Robert  C.  Randolph,  bears  the  inscription: 

"  Edmund  Randolph.  Aide  de  Camp  to  Gen.  Washington. 
Secretary  of  State  U.  S.  Governor  of  Virginia.  Died  at  Carter 
Hall,  Sept.  1 2th,  1813.  Aged  60  yrs.  and  I  mo."  On  the  re 
verse  :  "  M.  W.  Grand  Master  of  Grand  Lodge  of  Ancient  Free 
and  Accepted  Masons  of  Virginia  Oct.  Anno  Lucis  5786.  Anno 
Domini  1786." 

On  the  adjoining  tomb  of  his  daughter,  Susan,  who  died  1846, 
it  is  said  that  near  the  spot  is  the  grave  of  Edmund  Randolph, 
"  the  exact  position  of  which  cannot  be  ascertained." 

The  "  exact  position  "  of  the  living  Randolph,  and  of  his  liv 
ing  political  grave,  is  now  known  to  the  reader  of  this  history. 
They  who  ponder  it  may  read  on  the  lonely  stone  in  Virginia  an 
inscription  hitherto  invisible : 

"  FARI    QUAE    SENTIAT." 

This  motto  of  his  race  was  embodied  in  the  life  of  him  who 
here  found  rest  from  wrongs,  in  a  nation  for  which  he  sacrificed 


A   GRAVE  IN  VIRGINIA.  393 

all,  save  truth  and  honor.  Had  he  been  less  faithful  to  his  motto, 
had  he  not  spoken  and  acted  the  truth  in  his  heart,  he  had  easily 
ascended  into  the  democratic  Holy  Hill — the  Presidency.  The 
tragical  close  of  this  brilliant  career  will  remain  an  exemplary 
warning  against  self-truthfulness,  an  instruction  in  servility  to 
party  or  populace,  until  that  resurrection-day  when  America 
shall  rate  personal,  as  high  as  national,  independence. 


INDEX. 


Academy,  Randolph,  the,  102. 

Adams,  Jno.,  in  Holland,  44  ;  on  Vir 
ginia,  73  ;  favors  titles,  124,  129  ; 
etiquette,  148  ;  Jefferson,  188  ;  and 
Wolcott,  334 ;  on  Randolph,  359 ; 
presidency,  366. 

Adams,  Jno.  Q.,  332,  340,  342. 

Adams,  Samuel,  86. 

Adet,  French  Minister,  United  States, 
248,  283,  284,  305,  311,  314,  319. 

"  Agricola,"  155,  158. 

Alexandria,  Va.,  Masonic  lodge,  39 ; 
conference  at,  58  ;  favors  Constitution, 

95,  151- 

Alien  and  Sedition  Acts,  366, 
Ames,    Fisher,    supports    nth    Amend 
ment,  174. 
Annapolis   Convention,    58,  59,  61,  88, 

151- 

Archives  (English  state),  292,  seq. 
Armistead  family,  see  Genealogy. 
"  Aurora,"  Bache's,  230,  231,  232,  295. 


B 


Bancroft,  on  Randolph's  "Vindication," 

349- 

Baptists,  Virginia,  opposed  to  Henry,  101. 

Bassett,  Col.,  suit  against  Gen.  Washing 
ton,  57. 

Baylor,  George,  Aid  to  Washington,  26, 
28. 

Beaumetz,  23. 

Berkeley,  Sir  Wm.,  Gov.,  5,  74. 

Berkeley,  Va.,  Burgess,  7. 

Beverley,  Susannah,  8. 

Bicameral  legislature,  75,  77,  90. 

Bill  of  Rights,  30,  seq.t  88,  158,  160, 
seq. 

Blair>  John  (United  States  Justice),  dele 
gate  Philadelphia  Convention,  64,  127  ; 
decision,  145  ;  State  suability,  173, 
266. 

Bland,  Col.   Theodorick,  29  ;   defeat  as 


Governor,   59 ;    opposes  Constitution, 

96,  119. 
Blaney,  Capt.,  brings  British  treaty,  234, 

292. 
Bond,    Phineas,    English     Consul     and 

Charge,  United  States,  295,  299,  seq., 

308,  359- 
Boston,  port  closed,   1774,   15,  seq.;    tea 

riot,  17  ;  siege  of,  25. 
Boudinot,    Elias,   opposes   nth  Amend 
ment,  174. 

Braddock,  Gen.,  381. 
Bradford,  Wm.,  Attorney-General,   263, 

265,  282,  285,  297  ;  death,  300,  339. 
Braxton,  Carter,  34,  116. 
Breckinridge,  Col.  Jno.,  220,  391. 
British  debts,  56,  72,,  96,    106,  122,  153, 

167. 

"  British  Spy  "  (Wirt's),  cit.,  38. 
Brown,  Gov.  A.  S.,  on  Randolph,  349. 
Bryan,  Jno.  137. 

Buchanan,  James,  President,  329. 
Burgesses,  Va.,  74. 

Burr,  Aaron,  240,  265,  369  ;  trial,  387. 
Burwell  family,  see  Genealogy. 
Burwell,  Col.,  392. 
Butler,  Pierce,  79. 
Byrd,  Col.  William,  6. 


Cabell,  William,  James  River  Co.,  58. 

Call  "Reports,"  51,  60,  385. 

Callender,  Thomas,  «'/.,  348. 

Campbell,  of  Virginia,  362. 

Campbell  (England),  9. 

Campbell,  Mrs.  St.  G.  T.,  Preface. 

Campbell,  Mrs.,  Williamsburg,  34. 

Carey's  "  Museum,"  98. 

Carrington,  Col.,  Virginia,  29,  155. 

Carter  family,  see  Genealogy. 

Carter,  Charles,  152. 

Gary  family,  see  Genealogy. 

"  Cerberus,"  English  Cruiser,  298. 

Charleston,  S.  C.,  Genet  at,  221. 

Chase  (Judge)  on  Constitution,  95,  102. 


395 


396 


EDMUND  RANDOLPH. 


Chastellux,  travels,  60. 

Cherokee  woman,  70. 

Chew,  letter  from  Pendleton  to,  16. 

Chicamogga,  women  burnt  at,  69. 

Chisholm  v.  Georgia,  168,  174. 

Cincinnati  Society,  54,  62,  seq. 

Clark,  Gen.,  appointed  by  Genet,  222. 

Cleveland,  President,  arbitration  by,  105. 

Clinton,  George,  Governor  of  New  York, 
opposes  Constitution,  106  ;  to  Ran 
dolph,  no,  seq.;  to  Dawson,  114; 
circular,  117,  238,  254  ;  plot  against 
285,  320. 

Clofton  (Virginia),  362. 

Cobbett,  271,  347. 

Code,  federal,  144. 

Colle,  44,  187. 

Colpoys,  Rear  Admiral,  England,  298. 

Committee  of  Detail,  80  ;  of  Safety,  27. 

Commerce,  Virginia,  68. 

Condorcet,  Marquis,  117. 

Confederation,  conference  concerning,  at 
Mt.  Vernon,  58  ;  at  Annapolis,  59  ; 
crisis  of,  61,  68. 

Connecticut  favors  slave  trade,  79. 

Constitution,  United  States,  suggestions 
for,  71  ;  Randolph's  scheme,  72,  seq.  ; 
conditional  ratification  proposed,  84  ; 
compared  with  English,  87,  seq.  ;  cen 
tenary,  103  ;  ratifications,  104  ;  amend 
ments  proposed,  101,  126,  190 ;  re 
ligious  clause,  1 66  ;  State  suability, 
169  ;  Eleventh  Amendment,  120,  173, 
seq.;  amendments,  178,  280  ;  treaties, 
361  ;  vagueness  of,  364  ;  the  State, 
368  ;  of  Virginia,  73,  74,  seq. 

Convention,  Philadelphia,  1787,  sum 
moned,  60,  seq. ;  Randolph's  corre 
spondence  concerning,  62,  seq.;  docu 
ments  burnt,  72  ;  a  convention's 
authority,  105  ;  of  Virginia,  1774,  n  ; 
of  1776,  28,  seq. 

Conway,  Va.,  Burgess,  7. 

Corbin,  F.,  Virginia,  96. 

Corbin,  Va.,  33. 

Cornwallis,  382. 

Correspondence,  Committee  of,  16. 

Court,  Circuit,  New  York  and  Pemnsyl- 
vania,  145. 

"  Court,"  the  Republican,  148. 

Court,  Supreme,  Randolph's  provisions 
for,  82,  seq.,  143  ;  first,  144  ;  decision 
on  church  incorporation,  Virginia,  165, 
(190)  ;  polygamy,  166  ;  jurisdiction 
over  States,  167,  seq. ;  decision,  Chis 
holm  v.  Georgia,  173  ;  Osborne  v. 
Bank  of  United  States,  175  ;  Virginia 
"  Contempt  Cases,"  176  ;  Justices  de 
cline  Jefferson's  proposal,  186  ;  Ran 
dolph  proposed  for,  265. 


Crockett,  Col.,  70. 

Culpepper,  Lord,  60. 

Curtis,   "History  of  the  Constitution,'* 

fit.,  98. 
Cushing  (United  States  Justice),  decision 

on  State  suability,  173. 


Dabney,   Virginius,   "  Don   Miff,"   ref., 

157. 

Dandridge,  of  Virginia,  33. 

Daniel  (United  States  Justice),  349,  384, 
386,  391- 

Daniel,  P.  V.,  Jr.,  349.     Preface. 

Davies,  Rev.  Samuel,  9,  160. 

Davis,  Rev.  Thomas,  oration  on  Wash 
ington,  39. 

Dawson,  Prof.,  8. 

Dawson,  J.,  of  Virginia,  Governor  Clin 
ton  to,  114. 

"  Decius,"  attack  on  Henry,  121. 

"  Democratic  Societies,"  193,  224,  226, 
230,  243,  274,  289,  360. 

De  Ternant,  French  Minister,  149. 

Digges,  of  Virginia,  29. 

Dinwiddie,  Governor,  Virginia,  9,  seq. 

Dorchester,  Lord,  213,  240,  291. 

Dreer,  Ferd.,  his  collection  of  MSS.,  63, 
67.  See  Preface. 

Drew  (England),  Capt.,  "  Cerberus,"  298. 

Dumfries,  Va.,  151. 

Dunmore,  Lord,  Governor  of  Virginia, 
ii,  14,  20,  25,  88,  156. 

Durand,  Jno.,  315.     Preface. 

Duvall,  Gabriel  (Justice),  373. 


Edwards  (Senator,  Ky.),  224. 

Ellery,  William  (R.  I.),  332,  seq. 

Elliott's  Debates,  98. 

Ellsworth,  Oliver,  Judiciary  Act,  143. 

Emmett,  Dr.     Preface. 

Ewell,  President  of  William  and  Mary 

College,  8. 
Excise,  200  ;  insurrection,  226,  275. 


Fairfax,  B.,  58. 

Fairfax,  Lord,  60,  381. 

Fast-day,  1774,  Virginia,  15,  seq. 

Fauchet,  French  Minister,  United  States, 
210  ;  reception,  238  ;  friendly,  240  ; 
No.  3  despatch,  241  ;  impecuniosity, 
241,  (323)  ;  No.  10  despatch,  242,  272, 
seq.  ;  enmity,  246,  288  ;  sails,  301  ; 
and  Randolph,  305;  despatches,  311. 
seq. ;  on  Jefferson,  278,  318  ;  excul- 


INDEX. 


397 


pates  Randolph,  320;  Baron,  324;  331, 

345,  364- 

"  Federalist,"  cit.,  87,  91. 
"  Fenno's  Gazette,"  189. 
Fenton.     Preface. 

Field,  Peter,  ancestor  of  Jefferson,  5. 
Fitzhugh,  Col.  William,  152. 
Fogg,  Dr.     Preface. 
Ford,  Gordon  L.     Preface. 
Ford,  Paul  L.,  reference  to,  73,  98.     See 

Preface. 

Ford,  Worthington.     Preface. 
Forrester,  advocate  (Eng.),  9. 
Fort  Duquesne,  10. 
Fort  Pitt,  58. 

Foushee,  Dr.,  Virginia,  101,  362. 
"  Fowey,"  ship,  Lord  Dunmore's  refuge, 

20. 

France,  43  ;  debt  to,  201,  (322)  ;  Ran 
dolph  to,  288  ;  Washington  to,  240, 
320,  379- 

Franklin,  B.,  75,  77,  90  ;  and  Randolph, 
92,  93,  238. 

Fraunces,  accuses  Hamilton,  327. 

Fredericksburg,  Va. ,  uprising  at,  II  | 
fast-day,  16  ;  61,  152,  157,  385. 

Free-Masons,  II,  39,  392. 

Freneau,  189. 


Gallatin,  Albert,  174,  214,  365,  372. 
Gardoqui,  treaty,  361. 
Garrison,  J.  R.     Preface. 
Gates,  General,  62,  65,  349. 
"Gazette,"  Virginia,  *7  ;  on  Randolph's 

marriage,  36  ;  97,   155. 
Genet,   French  Minister,  United  States, 

149,  153,  182,  196,  199,  200,  202,  209, 

221,   238,   247,   254,  299. 

George  III.,  16,  88,  365. 

Georgetown,  151. 

"  Germanicus,"  233. 

Gerry,  Elb ridge,  100,  207. 

Gibbs,  "Administrations  of  Washington 

and  Adams,"  «Y.,  326,  seq.  ;  candor, 

332  ;  on  Randolph,  349. 
Giles,  W.  B.  (Senator),  193,  216,  361. 
Gooch,  Governor  of  Virginia,  8,  9. 
Gratz,  Simon.     Preface. 
Grayson,  William,  (Senator,  Va.),  120. 
Grenville,  Lord  (Premier),  226,  (313),  232, 

236,  258,  269,  288,  290,  297,  330,  356. 
Griffin,  Colonel,  126,  230,  391. 
Grigsby,  cit.,  37,  seq. 
Guthrie,  Secretary  of  the  Treasury,  376. 

H 

Hamilton,  Alexander,  87  ;    Madison  to, 
112  ;  Randolph  on,  nS,  (219)  ;  in  Cab 


inet,  140 ;  fallacies,  141  ;  Bank,  147, 
(191)  ;  etiquette,  148  ;  attacks  Jeffer 
son  and  Madison,  189  ;  contests,  199  ; 
neutrality  circular,  204  ;  suggests  Ran 
dolph  for  France,  206,  (240)  ;  proposed 
English  envoy,  214,  215  ;  charges 
against,  216  ;  with  army,  227,  (280, 
318)  ;  and  Grenville,  259,  (290,  359)  ; 
British  treaty,  264,  267  ;  Fauche*  on, 
278,  279,  281,  289,  (348)  ;  policy,  318  ; 
and  Wolcott,  326,  331,  333,  356  ; 
death,  369. 

Hamilton,  John,  English  Consul,  300. 

Hammond,  English  Minister  to  United 
States,  221,  240,  254,  259,  267,  269, 
270,  285,  288,  292,  seq.,  296,  seq.,  299, 
303,  304,  320,  321,  327,  330,  356,  357. 

Harrison,  Benj.  (Governor,  Virginia), 
23,  34,  38,  97- 

Harvie,  J.,  58. 

Healey,  advocate  (England),  9. 

Heerman  family,  see  Genealogy. 

Henderson,  Alex.,  151. 

Henfield's  case,  183. 

Henry,  Patrick,  12,  24  ;  proposed  for 
Governor,  29  ;  Randolph  on,  30,  (382) ; 
declines  Congress,  39  ;  supports  Ran 
dolph,  46  ;  Governor,  5 1  ;  Assembly, 
Va.,  55,  56  ;  religious  liberty,  56,  (158, 
162)  ;  antifederal,  61  ;  Philadelphia 
Convention,  63  ;  veto,  89  ;  United 
States  Constitution,  96,  99  ;  and  Ran 
dolph,  107  ;  eloquence,  113  ;  118,  120, 
131,  151,  153,  159,  I67,  224. 

Henry,  Wm.  Wirt,  158. 

Hite  v.  Fairfax,  60. 

Hoadly,  Geo.  (Governor),  166 

Hooe,  Col.,  57. 

Howard,  Hon.  B.,  350. 

I 

Impeachment,  in  Constitution,  81. 

Impost,  44,  47,  49. 

"  Indian  Talk,"  69. 

Innes,  Col.,  3,  148,  153. 

Insurrection,   Pittsburgh,   197,  227,  230, 

243,  251,  309,  315,  317,  319,  320. 
Inter-State  question,  52,  seq. 
Iredell  (Justice),  145. 
Isham,  Catherine,  6.     See  Genealogy. 
Izard,  Senator,  194,  275,  333. 

J 

Jackson,    Wm.,    Secretary    Philadelphia 

Convention,  burns  papers,  72. 
Jaudenes,    Spanish   Commissioner,    222, 

331- 

Jay  (Chief-Justice1},  61,  145  ;  and  Clinton, 
146  ;  in  Virginia,  153  ;  State  suability, 


398 


EDMUND  RANDOLPH. 


^3,  177  ;  British  envoy,  215,  220,  226, 
227,  (252,  313,  323)  ;  British  treaty, 
(!93),  235,  240,  243,  251,  259,  263,  288, 
290,  seq.,  313. 

Jay,  Hon.  John,  228. 

"Jean  Bart,"  French  corvette,  captured, 
270,  298. 

Jefferson,  Thomas,  7,  12  ;  originates  fast- 
day,  20,  24  ;  Virginia  Convention,  28  ; 
France,  43,  55,  68,  133  ;  and  Randolph 
of  Roanoke,  136  ;  in  Cabinet,  140,  147, 
149  ;  Tripoli  treaty,  156  ;  religious 
liberty,  162  ;  State  liability,  167  ;  and 
Randolph  family,  187  ;  slanders  Ran 
dolph,  190,  seq.,  (359);  on  Randolph's 
"Vindication,"  193,  (349);  "Ana," 
«/.,  195,  (345)  ;  his  pillow,  197,  (265)  ; 
Randolph's  cooperation,  199  ;  on 
Washington,  209,  (348)  ;  leaves  Cabi 
net,  211  ;  official  negligence,  210,  239, 
(325)  J  on  Constitution,  361  ;  without 
eloquence,  366  ;  President,  372. 

Jennings  family,  see  Genealogy. 

Jennings,  Ariana,  u. 

Jennings,  Edmund,  IT. 

Johnson  (Justice,  United  States),  145. 

Jones,  Capt.,  expelled  college  for  patri 
otism,  16. 

Jones,  Jos.,  Virginia,  116. 

Jones  v,  Hylton,  167. 

Jones,  Wiley,  opposes  Constitution,  96. 

Judiciary  Act,  143,  171,  178,  181,  185. 

K 

Kentucky,  69,  221,  227,  242,  345,  366. 
King,  Rufus  (Senator),  261,  265. 
Knox,  Secretary  of  War,  140. 


Lafayette,  68,  243,  246,  382. 

Laforest,  De,  French  Consul,  237,  254, 

312. 

Lamb,  Gen.,  106. 
Langdon  (Senator),  305 
Le   Blanc,    French   Secretary   Legation, 

237,  251,  311,  315. 
Lee,  Arthur,  46,  49,  72,  86,  99,  124,  163, 

164. 

Lee,  Gen.  Chas.,  15,  31. 
Lee,  Henry,  29,  224. 
Lee,  Richard  Henry,  24,  40,  56,  59,  61, 

66,  68,  86,  99,  119,  120,  124,  163,  382. 
Lee,  Gen.  Robert  E.,  7. 
Lee,  Thos.  Ludwell,  31,  seq. 
Lee  Papers,  MSS.,  cit.t  16,  35,  61,  72, 

86. 

Liancourt,  Due  de,  233. 
Logan,  Colonel,  70. 


M 

Mably,  Abbe',  117. 

Maclay  (Senator)  Diary,  148 

Madison  (President),  29,  45-47,  55,  56, 

65,  66,  71,  81,  119,  120,  160,  seq.,  174, 

276,  278,  318,  347,  358,  366,  367,  369, 

372. 

Malbone  (Rep.  R.  I.),  306. 
Mansfield,  Lord,  9. 
Marchant  (Judge),  305. 
Marshall,    (Chief- Justice),    7,    101,    127, 

153,  163,  167,  175,  283,  330,  362. 
Martin,  Luther,  78,  102. 
Martin,  Rev.  Thos.,  161. 
Maryland  and  Virginia,  51. 
Mason,  George,  28,   29,  33,  47,  64,  73, 

75,  79.  81,  94,  96>  97,  99,  102,  106,  seq., 

114,  139,  158,  164,  365. 
Massachusetts,  slave  trade,  79. 
Matthews  (Justice,  U.  S.),  142,  143,  166, 

184. 

Mazzei,  35,  118,  201. 
McClurg,  Jas.,  68,  73,  116,  153. 
McGuire.     Preface. 
Meade  (Bishop),  7. 
Mercer,  James,  95. 
Mercer,  Jno.,  of  Marlborough,  141. 
Mercer,  Jno.  Francis,  47,  102. 
Mercier,  68. 

Mifflin,  Governor,  317,  324. 
Military  Academy,  199. 
Military  candidates,  54. 
Millwood,  Va.,  grave  at,  392. 
Monroe  (President),   163,  214,  240,  244, 

251,  seq.,  265,  278,  312,  324,  325,  345, 

347- 

Morris,  Anne  Cary,  cit.,  239. 
Morris,  Gouverneur,   213,  237,  238,  239, 

299,  361. 

Murray  (Eng.),  9. 
Mustermaster,  Randolph  appointed,  27. 

N 

Napoleon,  324. 
Navigation  Acts,  79. 
Negro  representation,  47. 
New  Hampshire,  79. 
Nelson,  Thos.,  Virginia,  33,  34,  382. 
Nicholas  family,  see  Genealogy. 
Nicholas,  Col.  Geo.,  206. 
Nicholas,  Robert  C,  15,  29,  30,  35,  36, 

385. 
Nicholas,  W.  C.  (Gov.),  96,  101,  192,  216, 

230,  371,  372,  seq.,  384. 
North  Carolina,  177. 


Osgood  (Postmaster-General),  188. 
"  Overtures,"  the  alleged,  318,  seq. 


INDEX. 


399 


Paca,  William,  Md.,  240. 

Page,  Jno.  (Gov.  Va.),  16,  120,  156. 

Page,  Mann,  29,  6l. 

Paine,  Thos.,  161,  188,  201,  238. 

Paper  money,  72. 

Pendleton,  Edmund,  16,  33,  96,  118,  127, 

152,  386. 

"  Peter  Porcupine."     (See  Cobbett.) 
Petition  of  right,  179. 
Petrie,  French  Consul,  237,  312. 
Peyton  family,  see  Genealogy. 
Philadelphia,   40  ;    plague,    155  ;   mobs, 

262,  295. 
Pickering,    Col.    Timothy    (Sec.    War), 

140,  249,  263,  282,  285,  286,  287,  308, 

314,  323,  335,  336,  seq.,  342,  344,  35&, 

365,  370,  372,  382. 
Pittsburgh.     (See  Insurrection.) 
Pinckney,  Gen.  C.  C.,  79,  365. 
Pinckney,  Thos.,  215,  220,  233. 
Plague,  at  Philadelphia,  154. 
Poughkeepsie,  N,  Y.,  Convention,  in. 
"  Precieuses  Confessions,"  311,  seq. 
Prentis,  Jos.,  Virginia,  142. 
Prestons,  family  of,  384,  391. 
Princeton,  160. 
Privateers,  149,  182,  224,  293. 
Provision  Order  (British),  194,  198,  213, 

258,  267. 


Randolph  family,  4,  seq.  (See  Geneal 
ogy-) 

Randolph,  motto,  392.    (See  Genealogy.) 

Randolph,  Ariana,  3,  n,  21,  48,  58.  (See 
Worm  el  ey.) 

Randolph,  A.  C.  (Bp.,  Virginia),  13. 

Randolph,  Avery,  5. 

Randolph,  Beverley,  Gov.  Virginia,  13, 
116. 

Randolph,  Edmonia,  384. 

Randolph,  Edmund,  college,  2  ;  cit.t  15  ; 
aid  to  Washington,  24  ;  Judge  and 
Mustermaster,  27  ;  Virginia  Conven 
tion,  28  ;  anecdote,  34  ;  attorney  Vir 
ginia,  36  ;  marriage,  36  ;  Congress,  39  ; 
resigns,  41  ;  re-elected,  43  ;  to  Jeffer 
son,  44  ;  inheritance,  49  ;  his  wife, 
50  ;  practice,  51  ;  to  Jefferson,  52  ; 
and  Washington,  57,  (133)  ;  Governor 
of  Virginia,  59  ;  Annapolis  Conven 
tion,  59  ;  urges  Washington  to  Phila 
delphia  Convention,  65  ;  prepares  for 
convention,  72  ;  on  paper  money,  73  ; 
drafts  Constitution,  74,  seq. ;  slave 
trade,  79  ;  federal  ideal,  80 ;  plural 
executive,  81  ;  judiciary,  82,  seq. ;  in 


Philadelphia  Convention,  90,  seq.  ;  re 
fuses  signature,  93  ;  amendments,  95, 
(101)  ;  pamphlet,  97  ;  favors  ratifica 
tion,  98  ;  religious  clause,  101  ;  Ran 
dolph  Academy,  102  ;  struggle  with 
Henry,  107 ;  on  slavery,  108  ;  and 
Governor  Clinton,  no,  seq.;  and  Ham 
ilton,  118,  (218) ;  resigns  governorship, 
123  ;  domestic  anxieties,  125  ;  cabinet, 
127,  129  ;  Virginia  Code,  130,  (142) ;  to 
wife,  133  ;  salary  as  Attorney-General, 
135.  (138) ;  and  Randolph  of  Roanoke, 
136  ;  French  language,  141,  (212,  285, 
339  ;  on  judiciary,  142  ;  Clinton-Jay 
contest,  146  ;  Gouverneur  Morris,  149  ; 
tour,  151  ;  State  suable,  151,  (168, 
seq.) ;  during  plague  at  Philadelphia, 
154;  religion,  157,  seq.;  liturgy,  165; 
Chisholm  v.  Georgia,  168 ;  Hen- 
field's  case,  183  ;  Jefferson's  scheme, 
1 86,  (190)  ;  and  Jefferson,  187,  seq. ; 
and  Madison,  190  ;  Jefferson's  slan 
ders,  194,  seq.  ;  President's  proclama 
tion,  202  ;  to  Jefferson,  205  ;  an  early 
"  Mugwump,"  207  ;  inflexibility,  208  ; 
Secretary  of  State,  211  ;  and  Washing 
ton,  213,  (327)  ;  powers  of  envoy  to 
England,  220  ;  proposes  Spanish  mis 
sion,  223  ;  and  Jay,  228,  seq. ;  offends 
Grenville,  228  :  "  Germanicus,"  231, 
(360) ;  to  Jay,  234  ;  France,  243  ;  and 
Fauchet,  247,  seq.,  (316)  ;  proposed  for 
Supreme  Court,  265,  (306)  ;  letter  to 
Washington,  266 ;  Fauchet  on,  272, 
276,  280  ;  accused,  282  ;  treatment  by 
President,  287,  (345,  354) ;  resigns  of 
fice,  287,  (300,  370)  ;  English  plot 
against,  290,  292,  (356)  ;  at  Newport, 
300 ;  correspondence  with  govern 
ment,  303,  307  ;  influence  on  Presi 
dent,  318  ;  accusations  against,  con 
sidered,  322  ;  deceived,  32$  ;  shielding 
Hamilton  and  Wolcott,  327  ;  misrepre 
sented,  338,  343  ;  complaint  against 
Washington,  347  ;  later  conclusions, 
357  ;  why  never  rehabilitated,  359  ; 
freeing  slaves,  361  ;  in  Virginia,  362  ; 
41  Political  Truth,"  363  ;  reviews  Ma 
dison's  Report,  367,  368  ;  fictitious  de 
fault,  370,  seq.  ;  libelled,  377  ;  history 
of  Virginia,  378  ;  on  Washington's  ca 
reer,  377  ;  at  Spring  Farm,  384  ;  stud 
ies,  385  ;  in  Richmond,  386  ;  Burr, 
387  ;  wife's  death,  388  ;  a  prayer,  390 ; 
hemiplegia,  390  ;  death,  392. 

Randolph,  Edmund,  (the  late,)  13. 

Randolph,  Edward,  6. 

Randolph,  George  Wythe,  13. 

Randolph,  Henry,  6. 

Randolph,  Isham,  6. 


400 


EDMUND  RANDOLPH. 


Randolph,  Sir  John,  4,  7,  seq. 
Randolph,   John,  3,    8  ;   and  Jefferson, 

20,  seq.,  22,  45. 
Randolph,    John,   of   Roanoke,    4,    106, 

124,  136,  207,  384. 
Randolph,  Mary,  8. 
Randolph,  Peyton,  8,  9,  seq.,  15  ;  death, 

26,   39,  48,   141  ;   religion,   157  ;   and 

Washington,  342. 

Randolph,  Peyton,8  13,  378,  384,  391. 
Randolph,  Richard  (Eng.).    Genealogy. 
Randolph,  Richard,  of  Curies,  Va. ,  7. 
Randolph,  Robert  (Kent,  Eng.).     Gene- 


Randolph,  Robert,  Dr.,  Virginia,  392. 
Randolph,  Sarah,  author,  13. 
Randolph,  Susannah,  3,  48. 
Randolph,  Susan,  384,  392. 
Randolph,  Sir  Thomas,  5. 
Randolph,  Thomas,  5. 
Randolph,  Thomas  Jefferson,  371. 
Randolph,  Thomas  Mann,  Sr.,  13. 
Randolph,  Thomas  Mann,  Jr.,  13,  121. 
Randolph,  William,  Turkey  I.,  I,  5,  seq. 
Randolph,  William,  Jr.,  6. 
Rawle,  District-Attorney,  262. 
Religion,  30,  56,  155,  seq. 
Representatives,  House  of,  75. 
Rives,  "  Madison,"  ctf.,  45,  47,  164. 
Roane,  Spencer  (Judge),  101. 
Robespierre,  201,  246. 
Robinson  (Burgess,  Va.),  7,  380. 
Robinson,  Conway,  «'/.,  5. 
Robinson,  Edmund  Randolph.     Preface. 
Robinson,  Moncure,  305. 
41  Rocks,  The,"  58. 

Roosevelt,  "  Life  of  Morris,"  «*/.,  239. 
Rowland,  Miss,  ref.,  158.     Preface. 
Rush,  Secretary  of  Treasury,  376. 
Rutledge,  Edward,  73,  seq. 
Rutherford  (Rep.),  174. 


Savage,  57. 

Schaff,  Dr.,  166. 

Schouler,    "  History  of  United  States," 

«V.,  258. 

Shelby  (Gov.,  Ky.),  222,  315. 
Short,  Minister  to  Holland,  201. 
Slaughter,  Dr.  Philip,  fit.,  7. 
Slave  trade,  78,  seq. 
Smith,  Meriwether,  55. 
Spain,  and  West,  61,  65,  199,  221,  251, 

312. 

Sparks,  ref.,  67,  218,  239,  308. 
Stallo  (Judge),  166. 
Stamp  Act,  10,  141. 

Stanard,  District- Attorney,  Virginia,  375. 
Stewart,  Doctor,  60. 
Stith,  historian,  7,  8. 


Stony  Point,  battle  of,  39. 
Story  (Justice),  143. 


Talleyrand,  233. 

Taney  (Chief-Justice)  on  Randolph,  351. 

Tankerville,  Lord  and  Lady,  57. 

"  Tankerville  "  packet,  233,  293. 

Taylor,  Bennett,  384. 

Taylor,  John,  56,  152. 

Tazewell  Hall,  2,  4,  6,  n,  14,  20,  124, 

142,  157- 

Titles,  debate  on,  124. 
Tories,  17,  21,  33,  40,  264. 
Treaties,    361,    363  ;    British,    227,   233, 

246,  248,  253,  255,  260,  264,  292,  341, 

354  ;  French,  151,  193,  195  ;  Holland, 

150. 

Trescot,  W.  H.,  on  Randolph,  350. 
Trumbull,  Col.  John,  cit.,  26,  253. 
Tucker,  Judge,  190. 
Tucker,  St.  George,  106,  137. 
Tyler,  "  Life  of  Henry,"  «'/.,  119. 
Tyler  (Judge),  56,  391. 


U 


Upham,  "  Life  of  Pickering,"  cit.,  336, 
344- 


Vanderheiden  family,  see  Genealogy. 
"Vindication,"    Randolph's,     193,    227, 

287,  303,  315,  323,  336,  342,  345,  347, 

348,  349,  350,  351,  356,  364. 
Virginia,  19,  45,  82,  335,  365,  367. 


W 


Ward,  Maria,  384,  386. 
Warfield,  cit.,  78,  222. 
Washington,  Bushrod  (Justice  U.  S.), 

357.  359- 

Washington,  John  Augustine,  32. 

Washington,  George,  early  career,  379  ; 
Virginia  Convention,  382 ;  appoints 
Randolph  Aid,  24  ;  Free-Mason,  39  ; 
distributes  spoils,  40 ;  circular-letter, 
47  ;  Cincinnati  Society,  54,  62  ;  Ran 
dolph's  services,  57-60  ;  James  River 
Company,  58  ;  and  Philadelphia  Con- 
vention,  62,  67  ;  on  titles,  129  ;  in 
vites  Randolph  into  Cabinet,  129 ; 
borrows  money  for  inauguration,  132  ; 
Cabinet,  140  ;  Bank,  147  ;  proclama 
tion,  151,  (202),  154  ;  religious  liberty, 
157 ;  French  treaty,  195  ;  vetoes  Ap 
portionment  Bill,  200;  faith  in  Ran- 


INDEX. 


401 


dolph,  207  ;  decline,  215,  217,  (345) ; 
receives  Fauchet,  238;  MS.,  251  ;  on 
Randolph's  despatch,  253  ;  British 
treaty,  268,  283  ;  Fauchet  on,  277, 
(325)  ;  and  accusation  of  Randolph, 
283,  (329),  287,  (355,  361),  288,  295, 
(355.  **?•)  ;  his  July  22  letter,  302, 
307  ;  on  England,  312  ;  deceived,  339  ; 
and  Pickering,  342  ;  Randolph's  his 
tory  of,  357. 

Washington,  Lawrence,  136. 

Wayne,  General,  at  Stony  Point,  39. 

Wharton,  on  Jay  treaty,  256. 

William  and  Mary  College,  I,  seq.,  16,  64, 
156,  160,  384. 

Williamsburg,  i,  seq.>  10,  28,  124,  157. 


Wilson  (Justice  U.  S.),  141,  172,  213. 

Wirt,  cit.,  Preface  i.,  12,  38,  120. 

Wolcott,  Oliver,  Sr.  (Gov.,  Conn.),  332, 
336,  337,  339- 

Wolcott,  Oliver,  Jr.  (Secretary  of  Treas 
ury),  207,  263,  270,  282,  285-87,  294, 
295,  300,  307,  323,  326,  328,  334,  336, 
35i,  371. 

Wood,  Governor  of  Virginia,  116. 

Wormeley,  Admiral,  7,  21. 

Wormeley  James,  21,  349. 

Wormeley,  Katharine,  21. 

Wormeley,  Ralph,  banished,  33. 

Worthington,  Lord,  9. 

Wythe,  George  (Chancellor),  i,  stg.t  10, 
34,  50,  51.  64,  127,  131,  206. 


THE  LIFE  AND  LETTERS 

OF 

JOEL  BARLOW, 

POET,  STATESMAN,  AND  PHILOSOPHER, 

WITH  EXTRACTS  FROM  HIS  WORKS  AND  SOME  HITHERTO   UNPUBLISHED  POEMS. 

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Their  development  was  largely  in  one  direction — statesmanship.  Jefferson,  it 
is  true,  shone  both,  as  a  statesman  and  a  philosopher  ;  so  did  Franklin  :  but  it 
would  be  difficult  to  carry  the  parallel  further.  There  was  one,  however, 
among  this  group  of  worthies  who  excelled  in  at  least  three  great  departments 
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foreign  war.  He  was  the  godfather  of  the  steamboat  and  canal,  and  sponsor 
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FRANCE  UNDER  RICHELIEU  AND  MAZARIN. 

A  History  of  France  under  Mazarin,  with  a  Review  of  the 
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Omitted  chapters  of 
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216657 


